Terms & Conditions
1. Ambit
1.1 The following General Terms and Conditions of Business (“GTCB”) of the online shop with the URL UCShop.no (hereinafter WEBSITE), which is operated by MP Group AS, Merch Mate, Kongeveien 47, 1412 Sofiemyr, NORWAY (hereinafter “COMPANY”).
1.2 “Consumer” in terms of these GTCB is any natural person, who concludes a legal transaction for purposes, which can be predominantly attributed to neither its commercial nor its independent business activities.
1.3 “Business” or “Entrepreneur” in terms of these GTCB is any natural or legal person or a partnership with a legal personality, which when concluding a legal transaction, acts in the exercise of its commercial or independent business activities.
2. Conclusion of contract
2.1 The products offered on WEBSITE constitute binding offers by COMPANY to conclude a contract. The conclusion of the contract shall come into force as soon as a buyer undertakes the individual steps of the order process and ultimately concludes this by pressing the “purchase” button. Selection of goods, the conclusion of the contract, and contract processing shall be the English language.
2.2 COMPANY stores the contract text, including GTCB. Prior to sending the order, the contract data can be printed out using the browser’s print function or electronically stored by the customer. Following COMPANY’s receipt of the order, the order data, the legally prescribed information for distance contracts, and the GTCB shall be sent to the buyer via email.
2.3 With respect to the buyer, COMPANY shall retain ownership of the goods purchased until the full payment of the purchase price owed.
3. Right of withdrawal
Buyers that order from WEBSITE as consumers shall be entitled to a right of withdrawal pursuant to statutory requirements. Details hereto are found in the COMPANY’s Withdrawal Notice available at WEBSITE.
4. Prices and order
4.1 All prices are stated in Norwegian Krone (NOK) and understood to be final prices, including local value-added tax (VAT) and plus shipping costs for Norway and EU citizens. For Non-Norway and -EU citizens, prices are except local VAT, that might be charged upon import according to local laws and regulations, and plus shipping costs from Norway.
4.2 COMPANY accepts card (credit and debit), Vipps (Norway residents), Invoice (Norway residents) and Installments (Norway residents), all payments are provided by Dintero.
All payments shall be processed via the payment service provider Dintero AS, reg.no. NO919656395, Nydalsveien 36A, 0484 Oslo, Norway (hereinafter “DINTERO”), Dintero’s relevant terms and conditions of use as currently amended apply (https://www.dintero.com/terms/terms-of-service).
4.3 Additional taxes or costs (e.g. customs) are incurred in the framework of an order when shipping to a non-EU country, which is not paid via [COMPANY] nor invoiced by [COMPANY] but rather should be paid by the buyer directly to the competent customs or tax authorities; please enquire with these authorities regarding the specifics.
5. Shipping
5.1 Shipping shall normally be within 7 working days after the COMPANY’s receipt of payment. Transport duration then amounts to generally one up to 5 workdays within NORWAY, and 3 to 21 days abroad, depending upon the shipping company, shipping volumes, and external circumstances, e.g., weather conditions or any strikes. In the case of custom-made products, shipping is normally within 4 weeks after receipt of payment.
5.2 The shipping costs shall be listed together with the relevant product description. COMPANY shall generally ship with Bring or Postnord within Norway and DHL Express for to all other countries.
5.4 If the transport company returns the dispatched delivery to COMPANY, as a delivery to the buyer was not possible, the buyer shall bear the cost for this unsuccessful shipment; this shall not apply if the buyer is a consumer and effectively exercises its right of withdrawal.
5.5 If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the buyer as soon as COMPANY has delivered the object to the freight forwarder.
5.6 If the buyer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall basically first pass to the buyer upon delivery of the goods to the buyer or to a person authorized to accept delivery.
6. Warranty rights and claims for defects
6.1 Statutory provisions regarding warranty rights and the buyer’s rights to claim for defects regulated therein shall apply.
6.2 For consumers the statutory statute of limitations of 24 months following delivery of the goods shall apply.
6.3 If the buyer is company or an entrepreneur, then the right to claim for defects shall become time-barred 12 months following the delivery of the goods. Excluded therefrom shall be claims for injury to life, limb, or health, which are based on a negligent breach of duty by COMPANY or a willful or negligent breach of duty of a legal representative or vicarious agent of COMPANY.
7. Limitation of liability
7.1 COMPANY’s liability for slightly negligent breach of duty shall be excluded, except for breaching essential contractual obligations (“cardinal obligations”, meaning those obligations, the satisfaction of which make the performance of the due execution of the agreement even possible and adherence to which the other party can normally rely on) as well as injury to health, limb, or life.
7.2 COMPANY’s liability shall be limited to the settlement of the foreseeable, contractually typical, and direct damages related to each type of service, insofar as the liability is not unrestricted pursuant to the above Paragraph 7.1.
7.3 In other respects the statutory liability regulations shall apply.
8. Product Representation
8.1 The items represented by COMPANY may exhibit slight variations depending upon the buyer’s internet browser and monitor settings used; technologically these deviations are unfortunately not avoidable.
8.2 The images which are used to describe the items offered do not in every case represent the original items which are offered. The example images shall hence serve, as applicable, only as illustrations, which is however expressly stated. The description of the respective items shall be authoritative.
9. Alternative dispute resolution
9.1 The EU Commission provides a platform on the Internet for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr
9.2 This platform serves as a point of contact for the out-of-court resolution of conflicts from online purchase or service agreements, in which a consumer is involved.
10 Final provisions
10.1 Deviating or supplementary individual contractual provisions to these GTCB or in the order placed must be in writing to be effective and shall exclusively apply to the respective order. This shall also apply to a waiver of this written form clause itself.
10.2 If one of the provisions of this GTCB or the order is or becomes ineffective this shall not affect the effectiveness of the rest of the GTCB or the order. Such effective and practicable provision, the effects of which come as close as possible to what the parties had commercially intended with the ineffective and/or impracticable term, shall replace the ineffective, impracticable term. The same applies in the event of a loophole.
10.3 Norway Law, excluding the UN Convention on Contracts for the International Sale of Goods, shall apply to purchases in the shop for consumers and other persons with their habitual domicile or residence in a member state of the European Union (EU) or the European Economic Area (EEA) on the date of the conclusion of the contract.
Norway Law, excluding the UN Convention on Contracts for the International Sale of Goods as well as the Norway consumer protection law, shall apply to consumers with their habitual residence in a country that is not a member of the EU or the EEA.
Independent from this choice of law, the mandatory consumer protection law of the country, in which they have their habitual residence on the date of the conclusion of the contract, shall also always apply to consumers.
10.4 If the buyer is an entrepreneur the place of jurisdiction shall be NORWAY unless another location is prescribed by law.