Term and Conditions

Conditions of sale

  1. General

These terms and conditions apply to the sale of goods and services from www.Vivamart AS to consumers. The terms and conditions of sale together with your order and order confirmation, together with the contractual basis for the purchase.

Purchase of goods on Vivamart AS can only be done by persons over 18 years old. We are delivering to only specific postal codes depending on our delivery capacity. We hold the right to reject an order based on delivery mechanism.

Consumer purchases are regulated by forbrukerkjøpsloven, angrerettloven, markedsføringsloven, personopplysningsloven, e-handelsloven and kredittkjøpsloven. For complete legal texts, see https://lovdata.no/.

  1. Definition of parties

The seller is: Vivamart AS, at Drammensveien 915, 1383 Asker, kundeservice@Vivamart AS, phone: 95789493, and is hereinafter referred to as us.

The buyer is: the person who is listed as the buyer in the order, and is hereinafter referred to as you, your or yours.

  1. Order and agreement process

Your order is binding when the order is registered with us. We are also bound by your order if this does not differ from what is offered by us in our online store, our marketing or otherwise. You are nevertheless entitled to withdraw from the purchase pursuant to the right of cancellation, see item 7 of the agreement.

When we receive your order, we will confirm the order and send you an order confirmation. Please read the order confirmation, as well as Order History in Vivamart AS and check that the content is in accordance with the desired order.

Vivamart AS checks that there are available items when the customer orders goods. There may later occur situations where products in the warehouse are broken or where the quality of the goods is not in accordance with our strict quality requirements. In this situation we will not be able to deliver all the desired items. At the time of the order, we check the inventory two days in advance. If customers order a delivery later than two days, some items may not be available on the delivery date.

  1. Prices

All prices include VAT. The total cost of the purchase will appear before ordering and include all expenses associated with the purchase such as packing, shipping, delivery, bags, packaging etc.

When buying goods, the prices quoted on Vivamart AS website are valid on the day of booking. If the price changes from the customer has placed a product in the cart until the order date, the prices shown on the web pages will be the day the customer completes the order.

Some items in the online store at Vivamart AS are priced in NOK per kilogram, where the weight will vary from product to item. The estimated price is stated when the customer orders the item. The exact price of the item is first defined when the item is picked on our stock. The final price of the product can thus be lower and higher than the estimated price when ordering the item. The customer will be charged the final price of the item and this will be reflected in the invoice to the customer.

Any price changes that occur after ordering time that are not due to errors (see below) do not get claimed in new prices.

If there has been a significant print or print error of Vivamart AS, in advertisements of and / or in the online store that is greater than 15% of the normal retail price, Vivamart AS can unilaterally change, delete or reject orders. This applies even if customer has received order confirmation or the like. However, such errors must be corrected within a reasonable time after the error has been detected.

Prices are constantly changing and we are subject to price changes due to changes in prices from our suppliers or currency changes.

  1. Payment

The purchase price may be settled by your bank or credit card. Vivamart AS uses the 3rd party payment platforms, Stripe and VIPPS, the Stripe and VIPPS APIs, and in conjunction, your Stripe and VIPPS account to process credit and debit card transactions for your Vivamart AS account. Vivamart AS is a “Partner Application” as defined in the Stripe and VIPPS Terms of Service.

By using Vivamart AS and agreeing to the Vivamart AS Terms of Service, You also agree to be bound by Stripe and VIPPS’s Terms of Service.

You expressly understand and agree that Vivamart AS shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe and VIPPS. You agree that Vivamart AS shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe and VIPPS.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe and VIPPS. Vivamart AS is not liable for loss or damage from errant or invalid transactions processed with Your Stripe and VIPPS account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You understand that Vivamart AS uses the Stripe and VIPPS API to run the Service and that the Stripe and VIPPS API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Vivamart AS liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe and VIPPS may cause to Your Stripe and VIPPS account, Your Vivamart AS account, or Your business.

You must not process stolen credit cards, or unauthorized credit cards through Stripe and VIPPS and/or Your Vivamart AS account

 

  1. Delivery

Vivamart AS sources its products from vendors/delivery partners. In cases where the products are delivered by Vivamart AS, we are responsible for the products until they are taken over by you, ie when you have received the products in your possession.  Vivamart AS does not guarantee a delivery within a specified time period. If the delivery of the products is delayed more than two days, we will provide you with information as soon as we have knowledge of it, together with information about and when delivery can take place.

For now minimum amount of purchase required for free home delivery is NOK 400,-.

Due to practical reasons like parking, number of deliveries to meet, Home deliveries will be done at entrance of building or reasonably close to entrance of Building. Any exceptions should be requested and agreed in advance.

Unsuccessful deliveries due to the fact that the customer is not present at the time of delivery

Vivamart As supplies the goods at the front door. If the customer is not home at delivery, the driver will attempt to call the customer to try and find out what to do with the delivery.

Vivamart AS is not responsible for the goods or the quality of the goods that may be returned. If the driver or customer service concludes an agreement with the customer to deliver the goods at a later date on the delivery date, an additional delivery fee of NOK 38, –  will be charged. (in Oslo Zone).

If the customer is not present at the time of delivery and the driver cannot deliver the goods later or, if necessary, return the goods, the goods will be returned to Vivamart AS’s warehouse. Returned refrigerators, fresh goods and freezer items will be discarded as we can no longer guarantee the quality of the goods.

 

Unclaimed goods at pickup point

If the customer does not pick up the order at the time of purchase at the agreed time, the customer will be notified by telephone, by e-mail or SMS that there is an unpicked order on the pickup point and that you can pick up the goods on the next opening day at the download point.

The quality of freezer products will not be satisfactory the day after the original collection date. Frozen goods will therefore be returned to Vivamart AS’s warehouse and discarded after closing time. The freezer products will therefore not be delivered to the customer the following day and the customer will not be compensated for this. If the order is not obtained the next opening day, the goods will be returned to Vivamart AS’s stock.

Returned freezers, refrigerators and fresh produce will be thrown, as we can no longer guarantee the quality of the goods. Useful goods, including dry goods, will be donated to a charitable organization.

If the total delivery weight is more than 25 KG, additional charges will be added for weight handling based on delivery policy.

 

 

  1. Right of appeal

The right of cancellation entitles you to cancel your purchase. The right of cancellation applies to goods and to certain services (see exception in the last section). Note that there are special provisions in the Copyright Law relating to timed benefits and goods that deteriorate quickly, such as certain food and beverages, where the general deadline is not applicable.

The right of cancellation requires that you notify us within 14 days of receipt of the delivery (deadline).

However, for fresh vegetables and perishable stuff, this law is not valid.

If you have not received a return order form either in the order confirmation or on delivery of the products, the deadline expires 12 months after the expiry of the original deadline. If you receive a right of return within these 12 months, the deadline expires 14 days after the date you received the cancellation form.

In order for the right of cancellation to be made applicable, the product must be delivered to us in approximately the same amount and condition as you received it. If you use or examine the item (s) in a manner that goes beyond what is necessary to determine the nature, characteristics and function of the item and this results in a reduction in value, we may deduct an amount corresponding to the value reduction in the purchase price to be refunded .

All products must be returned to us within a reasonable time. Any return shipment must be paid by the customer, and the customer carries the risk of transportation of the goods back to us.

We are obliged to pay back to you what you have paid including shipping for your shipment, shipping fee, customs fees, collection fee, etc. This is only valid when the entire purchase is returned. Refund will be made within fourteen (14) days after we receive the product from you. The product will be returned to us in the original packaging, together with a cancellation form. For more information about using the right of cancellation, see the cancellation form.
The form will be sent to you as a customer at each trade, with a detailed description of the procedure. If you have any questions, please contact our customer service. (kundeservice@vivamart.no , for other contact possibilities please Contact us. )

  1. Examination of the products

Once you have received the products, you should check as soon as you have the opportunity to confirm that the delivery is in accordance with the order confirmation. Check if the products have been damaged during transport or if the products are otherwise incorrect or missing.

In case verification is not done at the time of delivery of pickup, any claims done at a later time, will lead to additional transport expenses , that will be charged to the customer.

  1. Defects and delays

If an error or deficiency is detected, you must inform Kundeservice@Vivamart.no within a reasonable period of time, or should have discovered it, that you will claim the defect (complaint). However, the time limit for advertising is not shorter than two months from the time you discovered the defect. Complaints must be made no later than two years after you took over the item. If the item or part of it is intended to last substantially longer, the time limit for advertising is five years. If you do not advertise on time, the right to make the defect is lost.

In case of delay, a claim must be made to us within a reasonable time to kundeservice@Vivamart.no. Notification of defects and defects in the products may be transmitted to us orally or in writing. For the sake of the sake of proof, we recommend that the complaint be sent to us in writing primarily by returning to our web. Confirmation (number) upon receipt of the complaint request will be mailed to the email address you have registered on “My page”. In the confirmation, it will also be informed whether special conditions / handling are required by the buyer in connection with the return of the goods. (for example, antistatic protection or return directly to the manufacturer)

If we do not deliver the item or deliver it too late in accordance with the agreement, and this is not due to you or circumstances on your part, you may, in accordance with the rules in the Consumer Purchase Act, chapter 5, return the purchase price, demand fulfillment, terminate the agreement and claim compensation from us. Any repayment is made by Vivamart AS within fourteen (14) days. If there is a defect in the product and this is not due to you or the circumstances on your part and you have informed within the aforementioned deadlines, you may, in accordance with the rules in the forbrukerkjøpsloven kapittel 6:

  1. Retain the purchase price 
    b. Under certain assumptions, choose between replacement and coupons
    c. Under certain assumptions require price reductions. 
    d. Require raising if the defect is not insignificant (assuming that the item is in the same condition and quantity, the Consumer Purchase Act §51) 
    .

If our correction or redeployment will cause you to be discontinued for more than one week from using the product (we interpret this from the item is acknowledged to Vivamart AS) you are entitled under certain conditions to claim a replacement item at your disposal for our bill. As a rule, Vivamart AS is not entitled to make more than two attempts at rectification or replacement for the same defect.

If you are not satisfied with the outcome of a complaint brought by Vivamart AS, the case may be escalated to: Forbrukerrådet, Fred Olsens gate 1, 0152 Oslo -post@forbrukerraadet.no

  1. Warranty

Our warranties do not imply any restriction in the period of notice for goods under the Consumer Purchase Act. Any disputes will be resolved in an effort, or we will follow the decisions of the Forbrukertvistutvalgets Committee.

  1. Processing of personal data

We are committed to handling personal information in a safe and secure manner. Below you will find a detailed description of how we handle this information.

When you shop at Vivamart AS, we keep your name, address and e-mail address. This is information we need to deliver the goods to you, as well as contact you regarding the conditions associated with the order. Vivamart AS is required by law to keep this information in connection with accounting, tax handling and any warranty / return handling so that this history cannot be deleted. For security reasons we also store the IP address used to register the order. This information is also available on “My page”.

You can contact Vivamart AS if you wish to see what information we have registered about you pursuant to personopplysningsloven § 18. By logging in to “My Page” you can also correct incorrect and incomplete information about you.

We also collect and store log data, which categories and products customers are looking for or searching for, to learn what our customers are concerned about, as well as improve product range and offers. This information is also used to enable you to display relevant products or to send you related offers (if you have requested this). The information is also used to produce traffic statistics for capacity planning.

Vivamart AS is responsible for the processing of personal data as described above.

Personal information to third parties

Vivamart AS does not sell personal information to third parties, nor do we exchange or disseminate such information with third parties. Outsiders can only get access to the information if this is required to perform specific services for Vivamart AS. In such cases, strict agreements are entered into to ensure information security, and in addition, Vivamart AS will always decide how processing of the information will take place. Extradition to public authority may also be imposed in accordance with indelible law.

  1. Payment by card

Card numbers are not stored by Vivamart AS beyond what is necessary to ensure effective handling of any problems with load, cancellation of reservation and credit.

  1. Use of cookies

A cookie is data stored in your browser’s internal memory, which allows the website to remember your actions or preferences over time. This will give you a more relevant user experience when visiting a website. Vivamart AS uses cookies to register and make an order (it is possible to look at products without using cookies). There are also cookies that recognize you when you return to our website; This can be deleted by logging out of your account (“My Page”).

We also use cookies to provide you with easier online shopping with access to login, shopping cart, purchase execution, and automatic display of relevant products on your site. We also use cookies for statistical purposes to learn what our customers are interested in, so we can make our website even more user-friendly.

Cookies will store information about: IP address, selected browser, operating systems, which broadband provider you use, as well as data on visited sub-pages and date / time of visit. We never store information that can identify the user.

  1. Newsletter and communication

We offer newsletters for different types of information and offers (through SMS and e-mail) from Vivamart AS. You are logged in for registration or on “My Profile”. It’s also easy to sign up for newsletters from the account page (“My Profile”) or by clicking on a link at the bottom of the newsletter. It is voluntary to receive newsletters.

If the purchase is interrupted, we will send you an e-mail with a reminder of the products you added to your shopping cart. This as an additional customer service to make your shopping experience as smooth and easy as possible.

Price and availability of the products are based on the time you put the products in the cart. We reserve the right to change prices. The products can also be sold out.

We also email you with information related to purchases, various customer surveys and follow-up email related to a completed purchase with us.

  1. Customer’s duties

In order for you to shop at Vivamart.no, we ask that you register a customer account containing information about yourself. The person who is registered as a customer is responsible for paying for the goods and services sold via Vivamart.no. The person is also responsible for the use of the customer account by others, including the unauthorized use, unless it can be demonstrated that such unwanted use is due to negligence from Vivamart.no.

The customer account can only apply to one person or company with associated personnel and user information.

When creating a customer account, you undertake to:

Make sure that you create the client account that fits your use, ie private account or company account,

provide correct and complete customer information and that you have permission to act, including entering into binding agreements on behalf of the person concerned, and

Make sure to keep your customer information up to date.

We reserve the right to close access to Vivamart.no, change or delete content and cancel or hold back orders if we suspect that incorrect information has been provided.

Registered customers are responsible for keeping login information to their own customer account hidden for unauthorized users.

It is your responsibility to report to Vivamart.no by phone 95789493 Or email kundeservice@vivamart.no in case of suspicion that someone has accessed your client account.

It is your responsibility to accept our privacy statement.

To the extent that Vivamart.no gives you access to upload, post and make changes to text and images, you are responsible for ensuring that rights attached to such content are trusted. You are further responsible for all such content published through Vivamart.no is in accordance with Norwegian law and does not constitute a violation of third party rights, including any intellectual property rights, publishing rights or privacy.

We reserve the right to delete, remove or modify any content made available through Vivamart.no, including the client account itself, if we find that applicable content may violate Norwegian law, these terms, rights of others, or may be perceived as offensive. in any way.

Vivamart.no is not responsible for any loss of data or content, or any other indirect loss or damage arising from the use of Vivamart.no, or in our exercise of the above reservations.

It is further assumed that Vivamart.no has the right to make content that you have published via Vivamart.no, available to others in marketing.

  1. Extraordinary circumstances

Vivamart AS is only responsible for the loss of value for the item, if it is found incorrect or missing. However, this does not apply if we prove that the shortcoming is due to circumstances beyond our control and we could not reasonably wait and avoid or overcome the consequences.

We are not responsible for indirect losses due to deficiencies unless the loss is caused by gross negligence or intent on our part.

In the case of consumer purchases, the terms can not be worse than the terms of the Act, cf.  jfr. Lov om forbrukerkjøp av 2002-06-21 nr. 34.

 

  1. Reservations

Vivamart AS and all content included in the service are made available “as is” and without any warranty or assurance. We reserve the right, at any time, at your sole discretion, to suspend and / or change the Service, Functionality or Orders, in whole or in part, without further cause.

We strive to provide our customers with the correct information about our products as possible. However, we take the reservation that typing / printing errors / mismatch between product picture and details may occur, which may mean that we can not deliver according to information provided in our online store or other marketing. If this occurs, the buyer has the right to waive the order.

Information given on the products in accordance with the Matinformasjonsforordningen EU 1169/2011, such as nutritional content, ingredients, allergens, etc. is provided by the individual supplier. Vivamart AS is not responsible for any errors or omissions in the provided information. Note that all allergen information must be used with caution and only be understood as indicative. Anyone who prepares or serves food for an allergist must always carefully read the item’s / packet’s ingredients list.

Pictures used on our pages are illustrative and may differ from the actual appearance of the product.

Vivamart AS is not responsible for content that you or other users or third parties make available or send through Vivamart AS. You are responsible for the content of your user account and profile, as well as for the consequences of posting or publishing user content. You agree that we only act as a mediator for your and other users’ distribution and publication of content.

Vivamart AS may contain links to third party websites, advertisers, services, etc. Vivamart AS has no responsibility for content, services or products offered or made available on such websites.

  1. Change in terms

We reserve the right to change this Terms, including as a result of changes in legislation.

  1. Force majeure

Are we prevented from delivering or making a necessary replacement, or becomes such an obligation of delivery unreasonably heavy due to labor disputes or any other circumstance when the parties can not afford it, such as fire, war, mobilization or unforeseen military invitations of equivalent scope requisition, seizure, currency restrictions, riots and riots, shortage of means of transport, general product buttons, reduction in the supply of power, and lacks or delays of deliveries from subcontractors or manufacturers as a result of such circumstances as described in this section are market .no exempt from any liability other than in case of complaint and credit it for the purchase price of the defective item.

  1. Disputes and law

Disputes relating to the terms and associated provisions, as well as disputes relating to those mentioned and in the following legal context, are part of the ordinary courts, with Asker tingsrett.

  1. Copyright

All content on these websites is Vivamart AS, Vivamart AS or the subcontractor of the property’s property and is protected by copyright, marketing and trademark laws. This implies that trademarks, company names, product names, product information including, inter alia, Product / weight, images / graphics, designs and layouts and other content on these web sites may not, in any event, be downloaded, copied or otherwise utilized without explicitly permitted by law or without prior written consent from the Vivamart  AS.