Terms & Conditions

 

1. Introduction

This Agreement is a legal document which sets out your rights and obligations in relation to this site (the "Susan Fosse site") and the products offered by us through it (“Susan Fosse Products”). You must take the time to read and understand this Agreement before using the Susan Fosse site or making a purchase of a Susan Fosse Product; you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time. If you have queries relating to this Agreement, then before placing an order for a Susan Fosse product, please email us at susan@susanfosse.com. Please note that we reserve the right to withdraw the Susan Fosse site from time to time.

 

2. The seller

The seller is Susan Fosse AS, Bellgården 7C, 5003 Bergen Norway, shop@susanfosse.com , tlf: 48101095, org. nr.: 923 230 955 and is designated in the following as the Seller.

The purchaser is the consumer who places the order, and is designated in the following as the Purchaser.

 

3. Susan Fosse product details

Susan Fosse Products are subject to availability. If a Susan Fosse Product is out of stock at a time when we receive the order, we will inform you and you will not be charged for it. At Susan Fosse we endeavour to display as accurately as we reasonably can the true colours of Susan Fosse products. However, we cannot guarantee that the colour of a Susan Fosse Product as delivered will replicate how it appeared to you on-screen; in part, this is dependent upon your computer’s display monitor, and how you perceive colour. All sizes and measurements concerning Susan Fosse products are as accurate as we can reasonably make them. We continually update the Susan Fosse site, and regularly have offers and promotions which are not available with our other stockists.

 

4. Orders and delivery

We will contact you if there is an excessive delay with the despatch of your Susan Fosse products. We aim to send out Susan Fosse products on the working day after we receive an order. The total cost of your order will include a delivery charge. Delivery times will vary according to how quickly the mail service can deliver. We recommend placing your orders early at particularly busy times of year (such as Christmas) to make allowance for delivery delays. We reserve the right to decline to fulfill orders for any reason, including a Susan Fosse product which has been mis-published, such as its price or specification. Orders are treated as offers which we are entitled to accept or decline. If there are any problems with your order, we will contact you. There is only one delivery charge per order. If products are to be shipped within Scandinavia, Norwegian Tax is charged at the current rate. Import Tax and/or value added tax may be charged by the country the product is shipped to. Import and Tax costs vary from country to country and are payable and the responsibility of the customer. Note that we cannot be responsible for orders which go missing after delivery.

 

5. Payments

Payments are processed at the time of ordering; however we only process orders which have been screened and accepted by PayPal, Stripe or Vipps.

Note also that all credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the card issuer does not authorise payment, we will not process the order. All prices of Susan Fosse products exclude Norwegian VAT at the current rate. Norwegian VAT is added when goods are shipped to addresses within Scandinavia. You, as the purchaser, are responsible for any other taxes or duties (such as import duties) that may be charged by the country the product is shipped to. Import and Tax costs vary from country to country and are payable and the responsibility of the customer.

 

6. Delivery

Delivery has occurred once the Purchaser or his/her representative has taken possession of the item.

If the delivery time is not stated in the ordering solution, the Seller shall deliver the good to the Purchaser within a reasonable time frame and no later than 30 days after the order is placed by the customer. The good shall be delivered to the Purchaser unless other, special arrangements are made between the parties.

 

7. Returns policy

If you are not completely satisfied with your purchase, simply return it back for a full refund (less any shipping charges) within 14 days. Also, if you need to exchange your product for a different size, color, or alternation, simply send it back to us and we will promptly ship you the new product (subject to product availability and less any shipping charges.)

Returns must be 100% complete, in original and resalable condition, with all original packaging, and contents. Only unwashed, unworn, or defective merchandise may be returned. If you return the product(s) in unsellable condition we will ship the product back to you at your expense and will not provide you with a refund.

Please send the item back to us at the address below using any traceable shipping method if not using prepaid label. Once we receive your package, we will exchange or refund as you instruct.

 

Susan Fosse AS, Bellgården 7C, 5003 Bergen Norway

Please mark the shipment: RETURNED MERCHANDISE FOR EXCHANGE. NO COMMERCIAL VALUE.

 

Packages must be returned prepaid—we do not accept C.O.D. deliveries.

Proof of purchase, such as a copy of the original sales receipt, return/exchange request or packing slip, is required for reimbursement of the full purchase price.

Returns must be 100% complete, in original and resalable condition, with all original packaging, and contents. Only unwashed, unworn, or defective merchandise may be returned. We reserve the right to refuse a return on any product that does not meet these requirements.

If requested exchange item is not available we will issue refund instead.

We are not responsible for lost or stolen packages. Please use shipping method that can be tracked. We recommend you insure the parcel when shipping higher-priced items. Packages must be returned prepaid—we do not accept C.O.D. deliveries.

We will only refund shipping charges if we've sent the wrong item or if the item sent is defective.

Subsequent to an approval authorization, we can only credit the credit card used for the original purchase. No store credit, gift card, or gift certificates will be issued. Please allow up to 30 days or 1 – 2 billing cycles for the refund credit to appear on your statement.


8. Right to cancel

The Purchaser must inform the Seller that he/she will exercise this right within 14 days after the start of the cancellation period. This time limit includes all calendar days. If the period ends on a Saturday, Sunday or public holiday, the period will be extended until the next business day.

The deadline to exercise one’s right to cancel will be seen as met if notice is sent before the end of the cancellation period. The Purchaser has the burden of proof for demonstrating that the right has been asserted, and notice must therefore be submitted in writing (via the cancellation form, email or letter).

The cancellation period begins as follows:

In the purchase of individual goods, the cancellation period will begin on the day after the good is/goods are

If a subscription is being sold, or the contract contains the regular delivery of identical goods, the period begins on the day after the first shipment is received.

If the purchase consists of several deliveries, the period will begin on the day after the final delivery is

The cancellation period will be extended to 12 months after the end of the original period should the Seller not inform the Purchaser of the right to cancel and the standard cancellation form before the conclusion of the contract. This will also apply if information on terms and conditions, time limits and procedures for exercising the right to cancel is insufficient. However, if the trader gives this information during these 12 months, the cancellation period ends 14 days after the day the Purchaser received the information.

When the right to cancel is exercised, the good must be returned to the Seller within a reasonable amount of time and no later than 14 days after notice has been given on the intention to exercise the right. The Purchaser must cover the direct costs associated with returning the good, unless otherwise agreed or the Seller has not informed the Purchaser that he/she has to cover the return costs. The Seller may not set fees for the Purchaser’s use of the right to cancel.

The Purchaser may check or test the good in an appropriate manner in order to determine the nature, properties and function of the good without affecting the right to cancel. If the checking or testing goes beyond what is reasonable and necessary, the Purchaser may be responsible for any reduction in the good’s original value.

The Seller is obligated to pay back the purchase sum to the Purchaser without undue delay, and no later than 14 days after the Seller received notice on the Purchaser’s decision to exercise the right to cancel. The Seller has the right to retain the repayment until it has received the goods from the Purchaser, or until the Purchaser has documented that the goods have been sent back.

 

9. Delays and non-delivery: the Purchaser’s rights and time limit to make a claim

If the Seller does not deliver the good or delivers it late according to the terms of the parties’ contract, and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, de- mand performance of the contract, terminate the contract and/or demand compensation from the Seller, according to the relevant circumstances.

For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).

Performance
The Purchaser may affirm the purchase and demand performance from the Seller. The Purchaser may not however demand performance if there is a barrier to performance the Seller cannot overcome, or if performance would cause a great disadvantage or expense to the Seller that is out of proportion to the Purchaser’s interest in the performance. Should these obstacles be removed within a reasonable amount of time, however, the Purchaser may demand performance.

The Purchaser loses his/her right to demand performance if he/she waits an unreasonably long time to make the claim.

Termination
If the Seller does not deliver the good at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the seller does not deliver the good within the additional time frame, the Purchaser may cancel the purchase.

The Purchaser may however cancel the purchase immediately if the Seller refuses to deliver the good. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the Purchaser has informed the Seller that the delivery time is a decisive factor.

If the item is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the conclusion of the contract, termination must be asserted within a reasonable time frame after the Purchaser was informed of the delivery.

Compensation
The Purchaser may demand compensation for losses incurred as a result of the delay. However, this does not apply to cases in which the Seller can assert that the delay was due to obstacles outside the Seller’s control that could not have reasonably been foreseen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.

 

10. Defective goods: the Purchaser’s rights and time limit to give notice

If the good is defective, the Purchaser must notify the Seller that he/she wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. The Purchaser is always considered to have given timely notice if it occurs within two months after the defect was discovered or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the good. If the good or parts of it are meant to last considerably longer than two years, this deadline is extended to five years.

If the good has a defect and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 6 of the Consumer Purchases Act, withhold the purchase sum, choose between repair and replacement, demand a price reduction, demand that contract be terminated and/or demand compensation from the Seller, according to the relevant circumstances.

Notice should be given to the Seller in writing.

Repair or replacement
The Purchaser may choose between having the defect repaired or the delivery of an equivalent item. The Seller may however oppose the Purchaser’s claim if carrying out the claim is impossible or causes the Seller to incur unreasonable expenses. Repair or replacement shall be performed within a reason- able amount of time. The Seller does not as a rule have the right to more than two attempts to cure for the same defect.

Price reduction
The Purchaser may demand a suitable price redu- ction if the good is not repaired or replaced. This means that that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract. If special circumstances call for it, the price reduction may instead correspond to the defect’s impact on the Purchaser.

Termination
If the good is not repaired or replaced, the Purchaser may also cancel the purchase in cases where the defect is not immaterial.

 

11. Conflict resolution

Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 9 and 10. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no

 

12. Intellectual property

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Susan Fosse site and Susan Fosse products are owned by, or exclusively licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Susan Fosse site, a Susan Fosse product or any of the material which is found on the Susan Fosse site unless properly licensed to do so by us.

 

13. Privacy policy

Our privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.

 

14. Liability

We warrant that Susan Fosse products will be manufactured with reasonable care and skill with the intention of meeting our specifications for them.  However, we cannot and do not guarantee that Susan Fosse products will meet your requirements. b. We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise. c. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence. d. Subject always to sub-Clause f. below, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Our aggregate liability in relation to any Susan Fosse product shall be limited to whichever is the greater of: i. NOK 100,- (one hundred kroner); or ii. The price you paid for that Susan Fosse product. e. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise: i. for any loss of revenue, business, anticipated savings or profits, or ii. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of a Susan Fosse product or other non-performance of this Agreement or otherwise. f. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. g. The provisions of this Clause 8 shall survive the termination or expiry of this Agreement.

 

15. Entire agreement

This Agreement is intended to contain your entire agreement with us relating to the Susan Fosse site and Susan Fosse products; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Susan Fosse site or Susan Fosse products, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.

 

16. Changes to this agreement

We reserve the right to change this Agreement from time to time, and post the new version on the Susan Fosse site. The new version will take effect for any activity on the Susan Fosse site, including any purchase of a Susan Fosse product, after the new version is posted on the Susan Fosse site.

 

17. Invalidity

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.