- Applicability vis-a-vis companies and definition of terms.
(1) The following general terms and conditions apply to all transactions between us and a consumer in the version that is valid when the order is placed.
(2) ‘Consumer and entrepreneur’ in the sense of these terms and conditions is any natural person who enters into a legal transaction for a purpose that is attributable to neither his commercial or independent professional activities.
(3) The following provisions concerning the conclusion of the contract apply to orders through our internet shop https://www.curbeater.com.
- If a contract is concluded, that contract is concluded with:
CurbEater AS
Lokenaasen 29
Fetsund, 1900
Norway
Organisation number: 914 906 709
- Conclusion of contract.
3.1. The presentation of merchandise in our internet shop does not represent any legally binding contractual offer on our part, but is instead a non-binding invitation to the consumer to order goods. This site is subject to errors and mistakes, particularly with regard to availability of products. Sales only take place as long as supplies last. Only if you order from our online shop will you receive an order confirmation by email. However, this does not constitute our acceptance of your order, but only informs you that we have received your order. Only after confirmation of availability from CurbEater does a sales contract come about.
3.2. The order confirmation that the consumer or entrepreneur receives by email after successfully placing an order via the CurbEater Online shop is an automatically generated proof of issue of an offer.
3.3. Offer acceptance follows upon successful shipment confirmation or written acceptance of the order statement by CurbEater.
3.4. CurbEater does not offer products for sale to minors. All of the products we offer can only be ordered by customers of legal age or with the consent of their legal representative.
- Delivery.
4.1. Upon orders via the CurbEater online shop you will receive an order confirmation by email.
4.2 Each order will be considered a single order; bulk orders are not possible. CurbEater only sends those parts together that are from a single order.
4.3. CurbEater ships by DHL.
4.4. CurbEater applies the following dispatch time:
– All goods. 2-4 working days
When ordered parts go in to backorder the delivery time can be 2 weeks from the date of order.
4.5. For articles listed as backorder that exceed a delivery term of 30 days, the consumer may withdraw from the contract.
4.6. In case of contract withdrawal as per 4.5, CurbEater will refund the consumer’s overpayment, at the latest within 14 days.
4.7. CurbEater will inform the consumer by email of any delays.
4.8. The risk of damage to the goods to be delivered or their loss remains with CurbEater until the consumer receives the package.
4.9. Damaged or defective items must be reported to CurbEater within 24 hours of delivery by enclosed RMA form. The standard processing time for complaints is 24-48 business hours.
Click here to download RMA form.
4.10. Unless expressly agreed otherwise, we determine the appropriate manner of shipping and the forwarder according to our reasonable discretion.
- Backorder policy.
5.1. All orders in CurbEater will only be shipped complete, irrespective of whether they contain backorder articles.
5.2. CurbEater cannot guarantee the expected delivery times of suppliers. The stated delivery dates are not legally binding.
- Forms of payment.
Orders via the CurbEater online shop can only be paid by:
– Stripe (MasterCard, Visa)
- Price labelling.
The prices listed on curbeater.com are NOK prices, and includes VAT and free shipping.
- Withdrawal information.
8.1. Right of withdrawal:
8.1.1 You may withdraw from your contract within 14 days without cause using the RMA form. The time limit begins after receipt of the product.
8.1.2. If you wish to make use of your right to withdraw, this is done using the RMA (Return Material Authorization) form. Click here to download RMA form .
8.1.3. After receipt of the returned product by CurbEater according to the RMA form, you will be credited for the value of the product immediately, in any case at the latest within 14 days.
8.1.4. Repayment will be effected via the online payment method chosen by the consumer upon order placement.
8.1.5. Returns must be in undamaged original packaging (free of damage and markings).
8.1.6. The consumer is liable for returns damaged due to poor packaging.
- Governing Law.
CurbEater AS controls and operates the Site from our offices in Norway. You agree that any claim or dispute you may have against CurbEater AS must be resolved by a court located in Oslo, Norway. You agree to submit to the personal jurisdiction of the courts located within Norway for the purpose of litigating all claims or disputes.
- Warranty.
10.1. Your order is subject to the statutory provisions; thereafter you are authorised as buyer to demand correction of damage or delivery of undamaged goods as secondary fulfilment that is free of charge to you for goods that were damaged when you received them, this is to say that the goods will be corrected without problems or completely replaced. According to law, the warranty period is two years from your receipt of the goods as our customer.
10.2. Defects or damage that can be traced back to wrongful or inexpert handling or incorrect installation or use of unsuitable accessories or changes in the original parts by the customer or a third party contracted by him are excluded from warranty.
10.3. Normal wear and tear is also excluded from the warranty.
10.4. The customer must immediately inspect the goods or service for possible damage or defects. If a defect, an incorrect delivery or a quantity error is demonstrated on inspection, the customer must immediately send an email with the enclosed RMA form.
Click here to download RMA form.
10.5. If the customer fails to send this email, the goods or service are considered to have been approved.
10.6. Should such a defect be noted later, the customer must send an email to sales@curbeater.com immediately after the discovery, as otherwise the goods are considered to have been approved even with said defect.
10.7. The warranty period for new goods is 2 years. This period begins with delivery of the goods.
10.8. For the rest, the warranty applies in the context of statutory requirements.
10.9. We only accept liability for loss other than through damage to life, limb and health if this is based upon intentional or grossly negligent action or imputable violation of a significant contractual obligation by us or our agents. Any more extensive liability for damages is ruled out. The provisions of product liability law remain uncompromised.
10.10. If a significant contractual obligation is negligently infringed upon, our liability is limited to the foreseeable contractually typical average loss.
- Liability for damages.
11.1 Our liability for negligence (except gross negligence) is limited in case of delay in delivery to an amount of 10% of the relevant purchase price (including VAT).
11.2 We are not liable (on any legal grounds) for loss that would typically not have been expected in view of the nature of the current order and the goods under normal use. Also excluded is our liability for loss due to data loss, if its recovery is not possible or is difficult due to absent or insufficient data backup. The above liability limitations do not apply in cases of intent or gross negligence.
11.3 The limitations of this § 10 do not apply to our liability for guaranteed characteristics in the sense of §444 of the Civil Code, due to injury to life, limb or health or according to product liability law.