Terms and conditions of sale for consumer purchases of goods at TESLASuspension over the Internet

Introduction

This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulatjed in Norwegian law by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act.

The terms of this agreement set out the most important rights and obligations for the trade and what has been specifically agreed between the parties.

Table of contents:

1] The agreement

2] Parties

3] Price

4] Entering into an agreement

5] Payment

6] Delivery

7] The risk of the item

8] Right of withdrawal

9] Delay and non-delivery - the buyer's rights and deadline for reporting claims

10] Defect in the item - the buyer's rights and complaint deadline

11] The seller's rights in the event of the buyer's default

12] Warranty

13] Personal information

14] Conflict resolution

1] The agreement

The agreement consists of these terms of sale, information provided in the order solution and specially agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties takes precedence.

The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.

2] Parties

The seller is TESLASuspension by Venninvest AS, Waldemar Thranes gate 14, 0171 Oslo, email: post@teslasuspension.com, tel. (+47) 971 53 805, org.no. 916 668 155, and is hereinafter referred to as the seller.

The buyer is the consumer who makes the order, and is hereinafter referred to as the buyer.

3] Price

The stated price for the item and services is the total price the buyer must pay. This price includes all taxes and additional costs. Shipping costs are added. Additional costs that the seller before the purchase has not informed about, the buyer shall not bear.

4] Entering into an agreement

The agreement is binding on both parties when the buyer has sent his order to the seller.

5] Payment

The seller can demand payment for the item from the time it is sent from the seller to the buyer.

If the buyer uses a credit card or debit card when paying, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day as the order is sent. It is similar procedures with bank transfer. Upon 'Vipps' payment in Norway, the buyer's account is charged immediately. Invoice is not an alternative payment solution, except for company agreements.

6] Delivery

Delivery takes place when the buyer, or his representative, has taken over the thing.

If the delivery time is not stated in the order solution, the seller must deliver the item to the buyer without unnecessary delay and no later than 60 days after the order from the customer. The item must be delivered to the buyer via ordinary postage unless otherwise agreed between the parties.

7] The risk of the item

The risk for the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with point 6.

8] Right of withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the item 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 deadline begins to run. The deadline includes all calendar days. If the deadline ends on a weekend or public holiday, the deadline is extended to the nearest working day.

The cancellation deadline is considered complied with if notification is sent before the expiry of the deadline. The buyer has the burden of proving 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 begins to run:

• When purchasing individual items, the cancellation period will run from the day after the item(s) 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 expiry of the original deadline, if the seller does not state 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 lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader provides 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 item must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal has been given. The buyer covers the direct costs of returning the item. The buyer undertakes to send and pack the item according to the same standard and packaging as upon receipt, as well as provide insurance. The seller can not set a fee for the buyer's use of the right of withdrawal. The risk for the goods passes to the buyer when he, or his representative, has had the goods delivered.

The buyer can try or test the item in a responsible manner to determine the item's nature, properties and function, without the right of withdrawal lapse. In relation to the products air struts, air compressor, valve block, park brake and accessories thereof, it is specifically agreed between the parties that only personnel authorized by the respective authority (i.e. Norwegian Public Road Administration, NPRA, or similiar) to process such material can try or test the product in such a way.

If testing or testing of the item goes beyond what is justifiable and necessary or violate the special agreement mentioned above, the buyer may be responsible for any reduced or zero value of the item.

The seller is obliged to refund the purchase price to the buyer without unnecessary delay, and no later than 14 days from the seller has received the item in return from the buyer.

9] Delay and non-delivery. Buyer's rights and deadline for reporting claims

If the seller does not deliver the goods or delivers them too 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, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment or terminate the agreement.

In the event of a claim for default rights, the notification should, for evidentiary reasons, be in writing (i.e. e-mail).

• Fulfillment

The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer can not demand fulfillment if there is an obstacle that the seller can not overcome, or if fulfillment will entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.

The buyer loses his right to demand fulfillment if he or she waits unreasonably long to advance the claim.

• Lifting

If the seller does not deliver the item at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the item within the additional deadline, the buyer can cancel the purchase.

However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.

If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

10] Defect in the item - the buyer's rights and complaint deadline

If there is a defect in the item, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. It has been specifically agreed between the parties that for aftermarket parts such as air strut, air compressor, valve block, park brake and accessories thereof, a complaint can only be made within 2 years after the buyer has taken over the goods, with a limited useful life of up to 40,000 km driven. The components are typical wear part, and are exposed to constant pressure and temperature differences and/or are in constant motion. The quality deteriorates over time and due to the amount of use. In relation to the nature of the product, it is also specifically agreed between the parties, that the right of complaint is only valid if the installation has been carried out by personnel who follows Tesla Service Manual and are authorized by  respective authority (i.e. Norwegian Public Road Administration, NPRA, or similiar in other countries) to process such material. An overview of approved workshops in Norway, you for instance find here.

If the item has 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 the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and re-delivery, demand a price reduction or demand the agreement terminated. What has been specially agreed between the parties takes precedence over statutory sales conditions, cf. point 1.

Complaints to the seller should be made in writing.

• Correction or re-delivery

The buyer can choose between claiming the defect or correcting the delivery of similar items. The seller may nevertheless oppose the buyer's claim if the implementation of the claim is impossible or the seller causes unreasonable costs. It is specifically agreed between the parties, that in relation to the product types air strut, air compressor, valve block, park brake and accessories thereof, a requirement to claim the defect after installation, or a requirement to reinstall a new item, is to be regarded as causing the seller such unreasonable costs. The installation itself can far exceed the price of the item. In such cases, the seller will only meet the requirement for delivery of similar items.

Correction or re-delivery must be made within a reasonable time. The seller is in principle not entitled to make more than two remedial attempts for the same defect.

• Price reduction

The buyer can demand a suitable price reduction if the item is not corrected or returned. This means that the ratio between reduced and agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are special reasons for it, the price reduction can instead be set equal to the significance of the defect for the buyer.

• Lifting

If the item has not been repaired or returned, the buyer can also cancel the purchase when the defect is not insignificant.

11] 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 conditions on the seller's part, the seller may, according to the rules in the Consumer Purchase Act chapter 9, withhold the item, demand fulfillment of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller will also be able to claim interest in the event of late payment, collection fee and a reasonable fee for uncollected goods, depending on the circumstances.

• Fulfillment

The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to advance the claim.

• Lifting

The seller may terminate the agreement if there is a material default or other material default on the part of the buyer. The seller can still not 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 the event of late payment / collection fee 

If the buyer does not pay the purchase price in accordance with the agreement, the seller may demand interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim can, after prior notice, be sent for collection. The buyer can then be held liable for fees under the Debt Collection Act.

Fee for uncollected non-prepaid goods:

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of 100$, as well as coverage of shipping costs. The fee shall cover a maximum of the the seller's actual expenditure in relation to working hours and postage for delivering the goods to the buyer. Such a fee can not be charged to buyers under 18 years of age.

12] Warranty

Warranty given by the seller or manufacturer gives the buyer rights in accordance with the law, but is limited by what is specifically agreed between the parties. A guarantee thus does not imply any restrictions on the buyer's right to complaint and claims in the event of delay or defects, as long as it is in accordance with what has been specifically agreed between the parties in points 9 and 10. Specified under the guarantee is the additional condition that the seller is not responsible for any assembly/disassembly costs in the event of a complaint. The seller is also not responsible for any extra costs in connection with a complaint, expenses for a rental car or other expenses that may arise in connection with a complaint about a product.

13] Personal information

The person responsible for processing collected personal data is the seller. Unless the buyer agrees 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 carry out the obligations under the agreement. The buyer's personal information will only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases.

14] Conflict resolution

Complaints are addressed to the seller within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably.