Terms of service

Introduction
This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet as set out below. Consumer purchases over the internet are primarily regulated by the Contract Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act, which provide the consumer with non-waivable rights. These laws are available at www.lovdata.no. The terms in this agreement shall not be interpreted as limiting the statutory rights, but outline the parties’ principal rights and obligations related to the transaction.

These terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, please refer to the Consumer Authority’s guide here. 

1. The Agreement
The agreement consists of these terms of sale, the information provided in the ordering solution, and any specifically agreed terms. In the event of a conflict between the information, specifically agreed terms between the parties shall take precedence, provided they do not conflict with mandatory legislation.

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

2. The Parties
Gg Cosmeceutical AS
Pilestredet Park 15
0176 Oslo
Email: info@thefifthlaboratory.com
Phone: +47 928 31 642
Organization number: 934439112
Hereinafter referred to as the seller.

The buyer is the consumer who places the order and is hereinafter referred to 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. Any additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.

4. Conclusion of the Agreement
The agreement is binding for both parties when the buyer has submitted their order to the seller.

However, the agreement is not binding if there are typographical or clerical errors in the seller’s offer in the ordering solution or in the buyer’s order, and the other party realized or should have realized that such an error existed.

5. Payment
The seller may demand payment for the item from the time it is sent from the seller to the buyer.

If the buyer uses a credit or debit card, the seller may reserve the purchase amount on the card at the time of ordering. The card is charged on the same day the item is shipped.

For payment by invoice, the invoice is issued to the buyer upon shipment of the item. The due date appears on the invoice and is a minimum of 14 days from receipt.

Buyers under the age of 18 may not pay by post-delivery invoice.

6. Delivery
Delivery has occurred when the buyer, or their representative, has taken possession of the item.

If no delivery time is stated in the ordering solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the order is placed. The item shall be delivered to the buyer unless otherwise specifically agreed.

7. Risk for the Goods
The risk for the goods passes to the buyer when they, or their representative, have taken delivery in accordance with section 6.

8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase in accordance with the Right of Withdrawal Act.

The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the withdrawal period. All calendar days are included in the period. If the period ends on a Saturday, public holiday, or holiday, the deadline is extended to the next working day.

The deadline is considered met if the notice is sent before the deadline expires. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be in writing (withdrawal form, email, or letter).

The withdrawal period starts:
 • For individual goods: the day after the goods are received.
 • For subscriptions or regular deliveries of identical goods: the day after the first shipment is received.
 • For multiple deliveries: the day after the last shipment is received.

If the seller fails to provide information about the right of withdrawal and the standardized form prior to concluding the agreement, the withdrawal period is extended by 12 months. If the seller provides the information within these 12 months, the period expires 14 days after the buyer received the information.

If the right of withdrawal is exercised, the goods must be returned to the seller without undue delay and no later than 14 days after notice of withdrawal is given. The buyer bears the direct cost of returning the goods unless otherwise agreed or the seller failed to inform the buyer that such costs apply. The seller cannot charge a fee for the buyer’s use of the right of withdrawal.

The buyer may examine the goods to determine their nature, characteristics, and functionality without losing the right of withdrawal. If the examination exceeds what is necessary, the buyer may be liable for any diminished value.

The seller is obliged to refund the purchase amount without undue delay and no later than 14 days after being notified of the buyer’s decision to withdraw. The seller may withhold the refund until the goods are received or the buyer has documented that the goods have been returned.

9. Delay and Non-Delivery – Buyer’s Rights and Time Limit for Claims
If the seller does not deliver the item or delivers it late, and the delay is not due to the buyer or circumstances on the buyer’s side, the buyer may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold payment, demand performance, cancel the purchase, and/or claim compensation from the seller.

Claims should preferably be made in writing (e.g., email) for evidentiary purposes.

Performance
The buyer may uphold the purchase and demand fulfillment from the seller unless there is an obstacle the seller cannot overcome, or if fulfillment would entail a disproportionately high cost for the seller. If the obstacle ceases within a reasonable time, the buyer may still demand fulfillment.

The buyer loses the right to demand fulfillment if the claim is delayed unreasonably.

Cancellation
If the seller fails to deliver on time, the buyer shall give the seller a reasonable additional period for performance. If the seller does not deliver within this period, the buyer may cancel the purchase.

The buyer may cancel immediately if the seller refuses to deliver, or if delivery at the agreed time was essential and the buyer has informed the seller of this.

The cancellation must be made within a reasonable time after the buyer learned of the delivery.

Compensation
The buyer may claim compensation for any loss caused by the delay unless the seller proves the delay was due to an uncontrollable circumstance that could not reasonably have been foreseen, avoided, or overcome.

10. Defects – Buyer’s Rights and Complaint Deadline
If there is a defect, the buyer must notify the seller within a reasonable time. Notification is timely if made within 2 months of discovering the defect. Complaints must be made no later than two years after delivery, or five years if the product is meant to last significantly longer.

If a defect exists and it is not due to the buyer, the buyer may, under Chapter 6 of the Consumer Purchases Act, withhold payment, demand repair or replacement, request a price reduction, cancel the purchase, and/or claim compensation.

Complaints should preferably be made in writing.

Repair or Replacement
The buyer may choose between repair or replacement unless one is impossible or imposes unreasonable costs on the seller. This must occur within a reasonable time. The seller generally has no more than two attempts to fix the same defect.

Price Reduction
The buyer may request a price reduction if repair or replacement does not occur. The reduction must reflect the value difference between the defective and contractual condition.

Cancellation
If repair or replacement is not completed, and the defect is not insignificant, the buyer may cancel the purchase.

11. Seller’s Rights in Case of Buyer’s Breach
If the buyer fails to pay or meet other obligations, and the failure is not due to the seller, the seller may, under Chapter 9 of the Consumer Purchases Act, withhold delivery, demand fulfillment, cancel the agreement, and/or claim compensation. The seller may also charge interest, debt collection fees, and reasonable fees for uncollected items.

Fulfillment
The seller may uphold the sale and demand payment. If the item is undelivered, the seller loses this right if the claim is unreasonably delayed.

Cancellation
The seller may cancel in case of significant breach unless full payment has been made. If a reasonable additional deadline is given and missed, cancellation may also apply.

Interest and Collection Fees
If the buyer fails to pay, the seller may charge interest under the Interest on Late Payment Act. The claim may be referred to debt collection after notice. The buyer may be liable for collection costs.

Uncollected Goods Fee
If the buyer fails to collect non-prepaid goods, the seller may charge a fee covering actual expenses. This fee may not apply to buyers under 18.

12. Warranty
A warranty from the seller or manufacturer provides rights in addition to statutory rights. It does not limit the right to complain about defects or delays.

13. Personal Data
The seller is the data controller. Unless the buyer consents otherwise, the seller may only collect and store personal data necessary to fulfill the agreement. Data will only be shared if required to fulfill the agreement or by law.

14. Dispute Resolution
Complaints should be directed to the seller in a timely manner, see sections 9 and 10. Parties should attempt to resolve disputes amicably. If not, the buyer may contact the Norwegian Consumer Authority for mediation: phone +47 23 400 600 or www.forbrukertilsynet.no.

The EU Commission’s online dispute resolution platform is also available for cross-border disputes: http://ec.europa.eu/odr.