1. 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.
2. If a contract is concluded, that contract is concluded with:
CurbEater AS
Lokenaasen 29
Fetsund, 1900
Norway
Organisation number: 914 906 709
3. 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.
4. 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 post to your home address.
4.4. CurbEater applies the following dispatch time:
– All goods. 5-10 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. If an article is no longer available, CurbEater will strive to offer a replacement article of the same quality and characteristics (Encryption of parts numbers). If this is not possible, CurbEater will refund the purchase price of the relevant article.
4.9. The risk of damage to the goods to be delivered or their loss remains with CurbEater until the consumer receives the package.
4.10. Should the consumer receive a damaged package he should refuse it; otherwise CurbEater assumes no liability for defective contents.
4.11. Damaged or defective items must be reported to CurbEater within 24 hours of delivery with the help of the completed RMA (Return Material Authorization) Return / Exchange form. The standard processing time for complaints is 24-48 business hours. In case of a legitimate complaint, CurbEater will send you the documents required for returning goods by email. RMA documents are to be enclosed with the return; otherwise, processing is not possible.
4.12. Unless expressly agreed otherwise, we determine the appropriate manner of shipping and the forwarder according to our reasonable discretion.
5. 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.
6. Forms of payment.
6.1 Orders via the CurbEater online shop can basically be paid by:
– Stripe (MasterCard, Visa)
6.2. Not all payment options are available for all countries.
7. Price labelling (VAT).
7.1. The prices listed on curbeater.com are euro prices (including or excluding the applicable Norwegian VAT 25% depending on the country of destination).
7.2. All prices exclude the current legally valid Norwegian VAT and do not include any applicable shipping costs. The legal Norwegian VAT and shipping costs are shown separately on the invoice.
8. Shipping.
8.1. We apply different prices for shipping you can find the price for your country on the page Shipping & Delivery you will find the applicable shipping rate for your country.
8.2. If it is discovered after order placement that a shipment exceeds the maximal permissible package size of 360 cm (1x longest side + 2x medium side length + 2x shortest side length), CurbEater reserves the right to invoice the customer for the additional shipping costs. Payment will be made with the accepted payment methods. The customer will receive a payment request via e-mail.
9 Withdrawal information.
9.1. Right of withdrawal:
9.1.1 You may withdraw from your contract within 14 days without cause using the RMA form, or – if you receive the article before termination of the deadline – by returning the article. The time limit begins after receipt of said notice in written form, but not before receipt of the goods by the recipient and not before the fulfilment of our obligation to provide information, in any case not before the sales contract has become binding with your acceptance of the purchased article. The timely sending of the withdrawal notice or the article suffices for the application of the withdrawal period.
The contract withdrawal or the return of goods for EU customers is to be sent to our postal address in Norway:
CurbEater AS
Lokenaasen 29
Fetsund, 1900
Norway
9.1.2. If you wish to make use of your right to withdraw, this is done using the RMA (Return Material Authorization) form. You can find this form on the Return Policy page.
9.1.3.
9.1.4.
9.1.5. After receipt of the returned goods by CurbEater according to the RMA form and the return policy, you will be credited for the value of the goods immediately, in any case at the latest within 14 days.
9.1.6. Repayment will be effected via the online payment method chosen by the consumer upon order placement.
9.1.7. Returns must be in undamaged original packaging (free of damage and markings). The original packaging must not be used as shipping packaging. In case of infringements, 25% storage costs will be charged.
9.1.8. The consumer is liable for returns damaged due to poor packaging.
10 Choice of law.
This contract is subject to European private law and the EU Sale of Goods Law.
11 Warranty.
11.1. 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. If unreasonable costs would occur in association with the secondary fulfilment variant that you choose, we are authorised to refuse this and choose a different variant, if this is not also associated with unreasonably high costs. According to law, the warranty period is two years from your receipt of the goods as our customer.
11.2. 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.
11.3. Normal wear and tear is also excluded from the warranty.
11.4. 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 a relevant and complete written report to CurbEater using the RMA (Return Material Authorization) form on the Warranty Returns page.
11.5. If the customer fails to make this report, the goods or service are considered to have been approved, unless what is concerned is a defect that was not recognisable on inspection or if such a significant deviation of the delivered goods/service or the delivery quantity of the order exists that CurbEater must consider the approval of the customer as being ruled out.
11.6. Should such a defect be noted later, the customer must send a written report immediately after the discovery, as otherwise the goods are considered to have been approved even with said defect.
11.7. The warranty period for new goods is 2 years. This period begins with delivery of the goods or readiness of the goods to be picked up.
11.8. For the rest, the warranty applies in the context of statutory requirements.
11.9. 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.
11.10. If a significant contractual obligation is negligently infringed upon, our liability is limited to the foreseeable contractually typical average loss.
12 Liability for damages.
12.1 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).
12.2 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.
12.3 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.
13 Privacy policy.
13.1 We protect customer data against the access of third parties. The data necessary for processing transactions are stored and processed as per the Federal Data Protection Act. The order data are stored and used for order processing and only with the explicit consent of the customer for advertising purposes. Consent may be revoked at any time by simply notifying mads@curbeater.com
13.2 Webtracking
On this website information about the surfing behaviour of website visitors is collected anonymously and stored for marketing purposes. These data are stored using so-called ‘cookie’ text files on your computer and allow us to analyse surfing behaviour in an anonymous way. For example, from which city a website visitor comes, what type of browser and operating system he uses, and which pages he has visited on the website. In no case may the data thus collected be used to personally identify the visitors to this website. The collected data are only used to increase what we offer. For this reason all IP addresses are abbreviated, so that IP addresses are only processed in anonymous form. No other use or disclosure to third parties takes place.