Elkjøp Nordic - Business Conditions of Sale
01. Elkjøp offers a business to business reseller service Elkjøp Bedrift. In buying from Elkjøp Bedrift you agree that you are buying goods as a business undertaking for business purposes. The liability provisions in conditions 28-32 below set out our responsibilities to you in more detail, but as a business customer, purchases you make from us will not benefit from the statutory protection available to consumers under the Consumer Sale of Goods Act or from statutory law which is not mandatory pertaining to professional parties and may be agreed upon freely.
02. We do business only under these Conditions of Sale. All other terms, including any which may be included with your purchase order, are explicitly refused. We are not obliged to accept any order that you place with us, or offer you credit. Please check our website elkjop.no/bedrift for the latest version that applies to your order (see condition 42).
03. Goods and services are subject to availability and may vary from those advertised.
04. You must decide before ordering if the goods are suitable for your needs; we do not accept any responsibility for assisting you with that decision.
05. Although we make reasonable checks to avoid errors occurring, please note that we reserve the right to cancel or refuse orders for items shown on our website or in any other sales or marketing channels with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order. Where we make a mistake, we will give you the option to either: (i) cancel your order and obtain a refund of any sums paid in advance; and/or (ii) place the order again at the correct price/on the correct terms.
Prices and Payment
06. Our advertised and otherwise stated prices do not include VAT and delivery unless VAT is specifically included. At the time you place your order, the price of the goods may have changed from the one advertised - please confirm the price inclusive of all items before you order.
07. We accept payment by bank transfer, and most types of credit or debit card. Credit card and debit card payments are taken at the point of customer order, not on dispatch of goods. We accept cash but only at the point of sale in our Stores.
08. Goods bought on credit must be paid for by 30 days from our invoice date. We may withdraw the option to pay on credit at any time and for any reason. If you fail to pay an invoice when due then, in addition to any other right or remedy which may be available to us, all invoices will become due and payable, (whether outstanding or not). We may share customer credit history information with relevant credit agencies. We also reserve the right to run a credit check with a relevant credit agency if we give you credit, and to validate any credit card account holder or delivery address details. Available credit information is accurate within the last 24 hours.
09. We remain owners of the goods you purchase until you have both paid for all of them in full, and also paid all other monies due to us from you under any contract or arrangement. You agree to give us the right to enter your premises at any time where the goods are stored so that we can retrieve and resell them if they are not paid for. Until title passes to you under this condition you must: (i) keep the goods stored separately and clearly identifiable as belonging to us; (ii) not remove any branding or identifying marks; (iii) keep them fully insured for their full replacement value against any loss, damage or destruction; (iv) not sell, transfer, charge, mortgage, pledge or grant any lien over, the goods. This applies to all goods we supply to you and to any money owing in respect of any transaction with you.
10. Under the Act regarding Interest on Late Payment and legal recovery we can exercise our statutory right to charge interest and a compensation fee on all invoices overdue.
11. We charge for all deliveries. Orders received by 2 pm on a working day are normally processed the same day. Orders placed at weekends or public holidays are normally processed the next working day. Goods in stock are normally delivered within two working days after processing. Standard delivery is to suitable ground floor reception or store areas. Please notify us in advance if you have any special delivery requirements – there will be an additional charge. We do our best to meet delivery slots agreed with you, but we don't accept any liability to you for any delay. We will use reasonable endeavours to notify you of any delivery delays and reconfirm a new delivery time with you.
12. If the goods do not arrive or are incomplete, are the wrong goods or are damaged when you open them, you must file a complaint with Customer Services Department within 14 days of receipt or expected delivery, telephone 21 00 21 21 or e-mail email@example.com.
13. Risk passes to you on delivery EXW Incoterms 2010. After delivery you are responsible for protecting and insuring the goods against loss, damage or destruction.
14. You cannot cancel a submitted order after the goods have been dispatched, unless this is agreed in writing by our authorised representative.
Returns & Errors
15. All our goods are sold to you with the benefit of the manufacturer's warranty, if any. We will accept returns of faulty goods notified to us within 14 days of delivery, subject to the terms of the manufacturer's warranty. After 10 days you will need to deal with the manufacturer directly; please contact our Customer Services department who will advise you on this, telephone 21 00 21 21 or e-mail firstname.lastname@example.org.
16. An unwanted product can be returned within 14 days of delivery as long as it’s still in its original, unopened packaging. This right to return unwanted products is limited to 10 units pr product pr order, You cannot return unwanted items after 14 days of delivery, nor can you return items that have been used.
17. If you return goods, please ensure that you have backed up and/or removed your data as appropriate. We will not be responsible for any data that is lost or left on equipment. No agreement varying this term is valid; no employee is authorized to enter into such agreement.
18. Please note we do not accept returns of special purchase items, consumables, opened packaged software (unless it is faulty), pre-loaded/down-loaded software licences (unless faulty) or products that you agree in advance are non-cancellable or non-returnable (unless faulty).
19. If you are unhappy with any services we have provided you then you must promptly notify us in writing, (and in any event, within 30 days of completion of the services) and our sole liability to you shall be to re-perform any defective services at no cost to you.
20. Without prejudice to condition 28 below, the remedies in this Returns section represent your sole and exclusive remedies in respect of any issues you experience with the goods/services provided by us.
21. You will get the benefit of the manufacturer's warranty in respect of all the goods we sell. Please note that we do not provide any warranties ourselves in respect of the goods, and that all other warranties and representations, whether express or implied, are hereby excluded to the maximum extent permitted by law. We may be willing however to sell you an additional top-up warranty to supplement the manufacturer's warranty. Please note that for domestic appliances and any goods designed for domestic use, using them for commercial purposes may invalidate the manufacturer’s warranty.
Clearance/2nd User Stock
22. A B-standard product is deemed to be a product which is offered by Elkjøp Bedrift at a discounted price compared to its original price where such products have been previously used or opened, have items missing or have damaged packaging. In addition, some have been repaired. Details of the status of such products are to be found on the relevant website. Elkjøp Bedrift makes no warranty in relation to the accuracy of the status of the relevant B-standard product as set out in the description. Such products are sold on an 'as is' basis with no warranty or guarantee given by the Company other than the remaining manufacturer's warranty (if applicable).
23. We sometimes offer promotional free gifts. Please let us know if you do not want to receive them.
24. We sometimes monitor or record telephone calls for training and security purposes. You have hereby accepted such monitoring or recording.
Suspension and Termination
25. Elkjøp Bedrift may cancel outstanding orders for goods and/or suspend the provision of the services or terminate them immediately (without liability to you) if any of the following events happen:
· you fail to make any payment due to Elkjøp Bedrift by the time it is due;
· you have given any false or misleading information to Elkjøp Bedrift;
· you are insolvent;
· you are in material breach of this Agreement;
· if the cancellation provisions under any leasing arrangement entered by you are invoked by the relevant Leasing Company.
Limitation of Liability
26. Elkjøp Bedrift does not limit its liability to you for fraud, fraudulent misrepresentation or for death or personal injury caused by its own negligence or that of its employees, agents or sub-contractors.
27. We will accept the return of faulty goods for a period of 14 days from date of delivery, (see Condition 15) and our liability will be limited to the repair or replacement of the goods or the re-performance of any defective services, (see Condition 18).
28. Without prejudice to condition 26 above, we do not accept any liability (and hereby exclude all liability) for special, indirect or consequential losses of any kind or for any loss of profits, loss of revenue, loss of anticipated savings, loss of or corruption to data, loss or damage to goodwill, business or reputation (and in each case whether classified as direct or indirect and howsoever arising, including in relation to breach of contract or negligence).
29. Without prejudice to condition 26 above, Elkjøp Bedrift's liability to you in respect of damage to tangible property resulting directly from its negligence or that of its employees, agents or sub-contractors is up to a maximum of NOK 1,000,000 in respect of any one event or series of connected events.
30. Without prejudice to conditions 26 and 28 and subject to condition 27, Elkjøp Bedrift's maximum aggregate liability to you under this Agreement shall be limited to the value of the goods or services giving rise to the claim. The parties agree that conditions 28 to 31 are reasonable given the other remedies offered under these Conditions of Sale.
Matters beyond Elkjøp Bedrift's Reasonable Control
31. Elkjøp Bedrift will not be liable for any delay in performing, failure to perform or deliver, or defective performance or delivery of any goods or services if such delay or failure is caused by circumstances beyond Elkjøp Bedrift's reasonable control.
32. This Agreement and any contracts made under it are subject to Norwegian law and Oslo tingrett has exclusive jurisdiction in relation to all matters (whether based on contractual or non-contractual rights and obligations).
33. No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party, nor shall any waiver of its rights in relation to a breach of this Agreement operate as a waiver of any subsequent breach and no right, power or remedy given to or reserved to either party under this Agreement is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
34. Nothing in this Agreement creates a joint venture, relationship of partnership or agency between the parties. Except as expressly authorised under this Agreement neither party has authority to pledge the credit of or make any representation or give any authority to contract on behalf of another party. No customer employees shall be construed as being an employee of ELKJØP Bedrift by virtue only of this Agreement or the performance of Elkjøp Bedrift's obligations under this Agreement.
Elkjøp processes personal data in order to facilitate orders from our customers. In this context both Elkjøp and the customer determine the purposes and means of processing and are separate controllers. The Parties shall each comply with their respective obligations under the data protection legislation when processing shared data pursuant to the terms, and none of the parties shall be responsible towards the other for compliance according to the data protection regulation. Due to both parties are separate controllers no data protection agreement is required.
35. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
Third Party Rights
36. This Agreement does not create or confer any rights or benefits enforceable by any person not a party to it.
Assignment and sub-contracting
37. You may not assign your rights or obligations under this Agreement without our prior written consent. We may use subcontractors to perform all or some of our obligations under the Agreement but where we do so we will remain liable to you in accordance with this Agreement for their acts and omissions. We may on prior written notice to you assign our rights and obligations to a third party.
38. This Agreement, together with any contract documents we provide you, is the entire agreement of the parties relating to the subject matter. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent it is incorporated into this Agreement. Each of the parties agrees that in entering this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement made prior to this Agreement.
39. If either party wishes to make any changes to this Agreement or the underlying terms of the contract for goods or services, they must be agreed in writing by an authorised representative of each party.
40. The latest version of these Conditions of Sale is available on the Elkjøp Bedrift website; elkjop.no/bedrift. We reserve the right to change our Conditions of Sale from time to time and if we do so we will update the version on our website. Each time you place an order from our website you will be deemed to have agreed to the latest version of our website terms and conditions shown prior to placing your order.
41. Any notice required under this Agreement must be given in writing and in the English language and sent to the address of the party for which it is intended to be given, or such other address as has been notified to the other party in accordance with this condition 40 and be sent by hand, registered post or equivalent and unless delivered by hand (where it shall be deemed received on delivery) it shall be deemed to have been received three working days after the date of posting. In this condition, “working days” means Monday to Friday excluding public holidays in Norway. Any notices for Elkjøp Bedrift must be addressed to the Company to the attention of the Legal Counsel.
Time for Performance
42. We will always do the best we can to ensure we achieve any delivery dates agreed with you for the provision of the goods or services. However, time shall not be of the essence. We will use reasonable endeavours to notify you if we believe that our performance is likely to be delayed for any reason. We will not be liable to you where our performance of the contract is delayed because of your own acts and omissions or those of your employees, agents or contractors.
43. We (and/or our licensors) shall retain all right, title and interest in any intellectual property rights in goods, software or services we supply to you under this Agreement. Any intellectual property rights created in the course of the services shall belong to Elkjøp Bedrift and/or its licensors.
44. Elkjøp Bedrift, Norway. Registrered org. number: NO947 054 600MV