Norwegian
Terms and conditions
Terms and conditions for business customers. We sell exclusively to businesses – read our terms here
Terms and Conditions
These Terms and Conditions together with our Privacy Policy, Cookies Policy (“Terms”) applies when we sell any of our products (“Products”) through our website to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”), after you have placed an order with us, either through our website or other means (“Order”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. By ordering any of our Products, you agree to be bound by these Terms and the terms contained within and the other documents expressly referred herein.
If you are entering into a Contract on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
These Terms were last updated on Tuesday, 12th November, 2024.
1. ABOUT US
1.1.
We are Partech AS with registered company address at Storebotn 43, 5309 Kleppestø, registered under the laws of Norway as a limited liability company with organizational no. 917 515 743 (“Partech”, “we”, “us”, or “our”).
1.2.
We operate the website www.partech.no (our “website”).
1.3.
To contact us, please feel free to email post@partech.no, call +47 55 98 19 00 or write to us at the abovementioned e-mail address.
2. OUR PRODUCTS
2.1.
Products made to order or custom made or customized to your specifications or any other items listed as an “Order Item” on our website when ordered are in these Terms defined as “Order Items”.
2.2.
In some cases, a minimum order quantity applies for us to order the Products from our supplier(s).
2.3.
We will inform you by email as soon as reasonably possible if the Product you have ordered is not available. In such case, we will not process your Order and will refund any payments made.
3. ELIGIBILITY
3.1.
We rely upon these Terms in relation to the Contract between you and us.
3.2.
We only accept responsibility, subject to section 15 (Our Liability to You) below, for our statements and representations on our website. Under no circumstance are we liable for any statements and/or warranties made by third parties, including our own suppliers.
4. HOW THE CONTRACT IS FORMED
4.1.
Your Order is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any contract). Our obligation to sell the Products and enter into a legally binding agreement with you occurs only when we have confirmed your Order (“Order Confirmation”). If you do not receive an Order Confirmation from us, no agreement shall be deemed to have been entered into, and accordingly, we have no obligations towards you. Please note, however, that we are free to cancel any Orders if payment is not received timely and in full.
4.2.
After ordering on our website, you will receive a bill of sale or similar e-mail. This e-mail does not constitute an Order Confirmation. The Order Confirmation from us will have the text “Order Confirmation” visible in the title of the e-mail or letter attached to that e-mail.
4.3.
A separate agreement shall not be considered effective or legally binding unless we have issued a clear written acknowledgement of such agreement.
4.4.
We may in our sole discretion decline any Order prior to sending an Order Confirmation.
4.5.
No change or modification of the Contract shall be allowed after acceptance by us unless accepted in accordance with section 4.3 above.
4.6.
If there is any conflict between the prices indicated online and our Order Confirmation, then the latter shall take precedence.
5. PRODUCTS DESCRIPTIONS, TECHNICAL SPECIFICATIONS, DELIVERY AND PRICES
5.1.
We do our best to ensure that the information about our products, including their technical specifications, is accurate and up to date. However, we do not guarantee that there will be no errors in the description, technical specifications and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
5.2.
The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colors and details accurately, we cannot guarantee that your computer's display of the colors and details accurately reflects the Products. Additionally, some images may depict similar products we sell; therefore, your Product may not always be identical to the images on our website.
5.3.
If you require any form of documentation or certifications for any Products, this can be arranged by sending an e-mail to post@partech.no stating the required documentation and/or specification. Such documentation and/or certification will incur additional fees, of which we will inform you after having received your request.
5.4.
We reserve the right to modify the information about Products displayed on the website, including regarding prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Confirmation.
5.5.
We are not liable for any tax or fees or other third party costs that applies to your Order. The price of a Product excludes VAT or equivalent local sales tax. In particular, you are responsible for any import taxes and/or VAT payments.
5.6.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our website from time to time. To check relevant delivery charges, please refer to our checkout page.
6. WHEN ORDERS ARE NOT ACCEPTED
6.1.
While we do our best to always accept Orders, we could refuse an Order at our sole discretion prior to sending an Order Confirmation, cf. section 4.4 above. We usually refuse Orders in the following cases: you provide us with incomplete, incorrect, or fraudulent information regarding your identity, payment details, billing information, or shipping address; we discover an error on our website relating to the Products you ordered, such as incorrect price or description; the Products you ordered are out of stock or no longer available; or we have legitimate reason to believe that the Order may not comply with applicable sanctions, such as those listed by the European Union.
6.2.
If we cannot accept your Order, we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.
6.3.
If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our website, we will refund you any money you may have already been charged for such Products.
7. CANCELLATION OF ACCEPTED ORDERS
7.1.
In the case an Order Confirmation has been sent, we reserve the right to cancel, at any time before delivery and for whatever legitimate reason, an Order that is previously accepted. We may do this for example where:
7.1.1.
An Event Outside Our Control (as defined in Section 17 below) occurs;
7.1.2.
Products ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
7.1.3.
You ask us to cancel your Order pursuant to Section 7.2 below, and we accept such cancellation;
7.1.4.
We find that there is a breach of these Terms, in particular not receiving full and timely payment;
7.1.5.
There is some reason that fulfilling the Order is significantly more difficult than anticipated.
7.2.
You may cancel your Order (save for Order Items, see Section 9) where we have materially breached a term of this Contract.
7.3.
In the event we cancel the Order, or you are rightfully canceling your Order subject to Section 7.2 above, after payment has been processed, we will refund any money paid in respect of that Order, typically within 14 days.
7.4.
Except to the extent otherwise required by law or as expressly set out in these Terms, we will not be liable to you, or any other person/legal entity, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. PAYMENT
8.1.
After we issue an Order Confirmation, payment will fall due as specified in the Order Confirmation or other written document issued by us. We retain the right to receive payment in full before engaging our suppliers to start producing the Order and/or sending the Products from our warehouse.
8.2.
If we do not receive timely payment in full, we are entitled to limit our losses by instructing our suppliers to halt production of the Order.
8.3.
If we have a separate written agreement with you regarding payment, this separate agreement shall apply instead of this Section 8.
9. RETURN OF DELIVERED PRODUCTS
Returning already delivered Products is subject to the written approval of Partech. If you wish to return a Product, you must contact Partech in writing to request authorization for the return of the item(s). Partech may at its sole discretion decide whether and to which extent a return is permissible. If Partech chooses to allow a return, a return fee may apply and may be claimed in advance as a condition for allowing the item(s) to be returned. Furthermore, the responsibility to return the item will be on the customer.
Please note that, as a general rule, Order Items are not eligible for return. For further information, please see our Return Policy.
10. CLAIM-HANDLING AND WARRANTY
If you claim that a Product does not conform to the agreed specifications or quality, you must submit a warranty claim to post@partech.no. Partech is not responsible for any actions, or to perform any actions, until the claim has been handled without any undue delays. If Partech determines that the claim is unjustified, we may charge you for all costs incurred in handling the claim, including transportation and inspection expenses.
The customer is not entitled to a replacement product while Partech is handling a claim, hereunder inspecting, repairing, transporting and/or replacing the Product.
At Partech, we provide a limited warranty for all Products and our warranty covers any defects in materials, software or workmanship (“Manufacturer’s Defect”) for one year from the delivery date. This means that we will repair or replace (at our discretion, with an identical or reasonably equivalent style), free of charge including shipping costs, any component that our service team finds to be a Manufacturer’s Defect. You will be charged all costs, until the claim has been accepted and a credit note for all the costs will be issued. Please note that Partech will only cover transportation costs if the Customer paid Partech for transportation. Partech will only cover transportation costs according to Partech’s own preferred transportation method, limited to/from the original transport destination.
For further information please see our Returns Policy and follow our warranty process.
11. AVAILABILITY OF PRODUCTS
11.1.
You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable.
11.2.
We reserve the right to withdraw or suspend from sale any Products displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, we will not be liable to you, or any other person/legal entity, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. PASSING OF RISK AND TITLE
12.1.
The risk in the Product shall pass to you when the Product is shipped from us. The full legal, beneficial and equitable title, including ownership rights, to the Product shall remain vested in us (even though it has been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier:
12.1.1.
payment in full, in cash or cleared funds, for all the Product has been received by us; and
12.1.2.
all other money payable by you to us or under the Contract or any other contract or order has been received by us.
13. DELIVERY
13.1.
We aim to fulfill your Order by the estimated delivery date set out in the Order Confirmation. Please note that this date is based on information from our suppliers. Accordingly, we reserve the right to provide new estimated delivery dates if we receive updates from our suppliers. Many of our Products are made or tailored to your specific needs by third parties, and as such, we are not liable for the final delivery date.
13.1.1.
If we send a new estimated delivery date for items marked as “In stock” on our website with a significantly later estimated delivery date than what follows from the Order Confirmation, such items may be cancelled without cost, and we will refund any money paid.
13.1.2.
Order Items may not be cancelled based on a later delivery date than estimated in the Order Confirmation. We will, however, upon your written request, try to cancel Order Items with our suppliers if given a sufficiently longer estimated delivery date than what follows from the Order Confirmation. If we are able to cancel the Order Items with our suppliers, we will provide similar cancellation terms to you. For more information on which delays may not be subject to cancellation, please see Section 17 (Events Outside Our Control) below.
13.2.
Delivery shall never take place later than ten business days after your Order is confirmed in our Order Confirmation, provided we have all of the ordered Products in our warehouse at the time the Order Confirmation is sent, marked on our website as “In stock”.
13.3.
For Order Items, delivery will normally take place within 48 hours, at the latest ten business days after all the ordered products have been received in our warehouse by our suppliers. If it is important to receive the Order within a specific date, you are required to agree such delivery date prior to placing the Order by sending an e-mail to post@partech.no and obtaining a written agreement with us regarding that delivery date. If no such delivery date is agreed in writing, we are not responsible for a long delivery period. Please note that if the final delivery date is later than the first estimated delivery date specified in the Order Confirmation, we will under no circumstances be liable for paying any increase in transportation costs, for example due to increased shipping prices or express delivery.
13.4.
Whether or not we have delivered timely shall be solely based on whether we have delivered within ten business days after (i) we have confirmed the Order through an Order Confirmation, and (ii) more than ten business days have passed since we received all Products necessary for your Order in our warehouse.
13.5.
Delivery will be completed when the Products are shipped from us to the address you have provided, or you have picked up your Order at our warehouse. If you have arranged your own transport, delivery will be deemed to have taken place when the Products are collected from our warehouse. We will, however, assist in transferring the Order from our warehouse onto the transporter when the transporter arrives. In some cases, we arrange shipping for you. In these cases, the delivery place is also where the transporter receives the Product(s), and delivery shall be deemed to have taken place when the Product/Order has been loaded from our warehouse onto the transporter (e.g., truck).
13.6.
The shipping costs listed on our website are usually accurate but are still an estimate based on the weight of the Products/Order. Some goods may, based on their dimensions (e.g., high in volume or long in length), be subject to additional shipping fees, which will be invoiced after the Products/Order is shipped from us. We will inform you if there are significant increases in shipping costs.
13.7.
In the event that we incur extra delivery or storage charges because no one is available at your address to take delivery from our warehouse, you will be liable to pay for such charges, and we have no obligation to send the Order until full payment (including extra charges) has been made.
13.8.
The Products will be subject to your risk and responsibility from the completion of delivery, when the Order is removed from our warehouse to the transporter.
13.9.
For the avoidance of doubt, you are considered to receive full ownership rights of the Products once we have received payment in full, including all applicable delivery charges, in accordance with Section 11 above.
13.10.
If you order Products for delivery to a destination outside Norway, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount. You will accordingly be subject to any such charges and fees.
13.11.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable in case the Products are in breach of any applicable law.
14. OUR RIGHT TO VARY THESE TERMS
14.1.
We reserve the right to revise these Terms at any time, which shall enter into force for any Order Confirmation sent after such time. Every time you order Products from us, the Terms in force at the time of the Order Confirmation shall apply.
15. OUR LIABILITY TO YOU
15.1.
If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a direct and foreseeable result of our breach of these Terms. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
15.2.
Regardless of the above, we have under no circumstance any liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or damages to equipment, property, or others.
15.3.
Please note that we will not be responsible for any costs associated with disassembling any faulty or defective Product from any components, machinery, or property it may be assembled to. Furthermore, we will not be responsible to travel to the location of the faulty or defective Product to inspect, repair, disassemble, or take other actions.
15.4.
We are under no circumstance liable for any defects or faults of Products that we are not notified of within one year after delivery has taken place.
15.5.
Our total liability for any faults or defects shall under no circumstance, and regardless of other sections in these Terms, be higher than the highest of (i) double the purchase price of the faulty or defective Product, or (ii) 5% of the purchasing price of the specific Order that the Product was part of.
16. LIABILITY FOR DELAY
16.1.
Any dates specified by us for delivery of the Products ordered are intended to be an estimate.
16.2.
In case of any delay, we are not liable to cover any losses or refund any additional costs the delay may have for you.
17. EVENTS OUTSIDE OUR CONTROL
17.1.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including but not limited to significant increases in our purchasing prices or other running costs, breaches in contract by our suppliers, or longer than anticipated delivery dates from our suppliers. Furthermore, external events such as strikes, lock-outs or other industrial action by third parties, civil commotion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, natural disasters, epidemic, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport shall be examples of what may comprise an Event Outside Our Control.
17.2.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
•
we will contact you as soon as reasonably possible to notify you;
•
our obligations under a Contract will be temporarily or permanently suspended to the extent the Event Outside Our Control reasonably dictates.
18. COMMUNICATIONS BETWEEN US
18.1.
When we refer, in these Terms, to “in writing”, this will include e-mail to an e-mail address in which you have previously corresponded with us.
18.2.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.
18.3.
If we must contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.
18.4.
Please note that any notice given by you to us, or by us to you, will be deemed received 24 (twenty-four) hours after the email is sent.
18.5.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post, and in the case of an email, that such email was sent to the specified email address of the addressee.
19. PRIVACY
19.1.
For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Policy. You understand that, if you have provided us with personal data relating to a third party, you have in place a necessary legal basis for doing so pursuant to the EU General Data Protection Regulation (GDPR) article 6 (to the extent this applies), and that such personal data is necessary for our contractual obligation to you.
19.2.
You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
20. ACCURACY OF BILLING AND ACCOUNT INFORMATION
20.1.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person/legal entity, per household, or per Order. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made.
20.2.
You agree to provide current, complete, and accurate purchase and order information for all purchases made at our store.
20.3.
You agree to promptly update your Order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
21. OTHER IMPORTANT TERMS
21.1.
We may transfer our rights and obligations under a Contract to another supplier, legal entity and/or organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our website if this happens.
21.2.
You may only transfer your rights or your obligations under these Terms to another person or legal entity if we agree in writing.
21.3.
This contract is between you and us. No other person or legal entity shall have any rights to enforce any of its terms.
21.4.
Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
21.5.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, and will not mean that you do not have to comply with those obligations. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
21.6.
No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
21.7.
These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
21.8.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
21.9.
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the laws of Norway, and you agree to submit to the exclusive jurisdiction of Hordaland tingrett (Hordaland district court) with proceedings in Norwegian.
Terms and Conditions
These are our terms and conditions for business customers.
We sell exclusively to businesses – read our terms here
Terms and Conditions
These Terms and Conditions together with our Privacy Policy, Cookies Policy (“Terms”) applies when we sell any of our products (“Products”) through our website to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”), after you have placed an order with us, either through our website or other means (“Order”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. By ordering any of our Products, you agree to be bound by these Terms and the terms contained within and the other documents expressly referred herein.
If you are entering into a Contract on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
These Terms were last updated on Tuesday, 12th November, 2024.
1. ABOUT US
1.1.
We are Partech AS with registered company address at Storebotn 43, 5309 Kleppestø, registered under the laws of Norway as a limited liability company with organizational no. 917 515 743 (“Partech”, “we”, “us”, or “our”).
1.2.
We operate the website www.partech.no (our “website”).
1.3.
To contact us, please feel free to email post@partech.no, call +47 55 98 19 00 or write to us at the abovementioned e-mail address.
2. OUR PRODUCTS
2.1.
Products made to order or custom made or customized to your specifications or any other items listed as an “Order Item” on our website when ordered are in these Terms defined as “Order Items”.
2.2.
In some cases, a minimum order quantity applies for us to order the Products from our supplier(s).
2.3.
We will inform you by email as soon as reasonably possible if the Product you have ordered is not available. In such case, we will not process your Order and will refund any payments made.
3. ELIGIBILITY
3.1.
We rely upon these Terms in relation to the Contract between you and us.
3.2.
We only accept responsibility, subject to section 15 (Our Liability to You) below, for our statements and representations on our website. Under no circumstance are we liable for any statements and/or warranties made by third parties, including our own suppliers.
4. HOW THE CONTRACT IS FORMED
4.1.
Your Order is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any contract). Our obligation to sell the Products and enter into a legally binding agreement with you occurs only when we have confirmed your Order (“Order Confirmation”). If you do not receive an Order Confirmation from us, no agreement shall be deemed to have been entered into, and accordingly, we have no obligations towards you. Please note, however, that we are free to cancel any Orders if payment is not received timely and in full.
4.2.
After ordering on our website, you will receive a bill of sale or similar e-mail. This e-mail does not constitute an Order Confirmation. The Order Confirmation from us will have the text “Order Confirmation” visible in the title of the e-mail or letter attached to that e-mail.
4.3.
A separate agreement shall not be considered effective or legally binding unless we have issued a clear written acknowledgement of such agreement.
4.4.
We may in our sole discretion decline any Order prior to sending an Order Confirmation.
4.5.
No change or modification of the Contract shall be allowed after acceptance by us unless accepted in accordance with section 4.3 above.
4.6.
If there is any conflict between the prices indicated online and our Order Confirmation, then the latter shall take precedence.
5. PRODUCTS DESCRIPTIONS, TECHNICAL SPECIFICATIONS, DELIVERY AND PRICES
5.1.
We do our best to ensure that the information about our products, including their technical specifications, is accurate and up to date. However, we do not guarantee that there will be no errors in the description, technical specifications and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
5.2.
The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colors and details accurately, we cannot guarantee that your computer's display of the colors and details accurately reflects the Products. Additionally, some images may depict similar products we sell; therefore, your Product may not always be identical to the images on our website.
5.3.
If you require any form of documentation or certifications for any Products, this can be arranged by sending an e-mail to post@partech.no stating the required documentation and/or specification. Such documentation and/or certification will incur additional fees, of which we will inform you after having received your request.
5.4.
We reserve the right to modify the information about Products displayed on the website, including regarding prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Confirmation.
5.5.
We are not liable for any tax or fees or other third party costs that applies to your Order. The price of a Product excludes VAT or equivalent local sales tax. In particular, you are responsible for any import taxes and/or VAT payments.
5.6.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our website from time to time. To check relevant delivery charges, please refer to our checkout page.
6. WHEN ORDERS ARE NOT ACCEPTED
6.1.
While we do our best to always accept Orders, we could refuse an Order at our sole discretion prior to sending an Order Confirmation, cf. section 4.4 above. We usually refuse Orders in the following cases: you provide us with incomplete, incorrect, or fraudulent information regarding your identity, payment details, billing information, or shipping address; we discover an error on our website relating to the Products you ordered, such as incorrect price or description; the Products you ordered are out of stock or no longer available; or we have legitimate reason to believe that the Order may not comply with applicable sanctions, such as those listed by the European Union.
6.2.
If we cannot accept your Order, we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.
6.3.
If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our website, we will refund you any money you may have already been charged for such Products.
7. CANCELLATION OF ACCEPTED ORDERS
7.1.
In the case an Order Confirmation has been sent, we reserve the right to cancel, at any time before delivery and for whatever legitimate reason, an Order that is previously accepted. We may do this for example where:
7.1.1.
An Event Outside Our Control (as defined in Section 17 below) occurs;
7.1.2.
Products ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
7.1.3.
You ask us to cancel your Order pursuant to Section 7.2 below, and we accept such cancellation;
7.1.4.
We find that there is a breach of these Terms, in particular not receiving full and timely payment;
7.1.5.
There is some reason that fulfilling the Order is significantly more difficult than anticipated.
7.2.
You may cancel your Order (save for Order Items, see Section 9) where we have materially breached a term of this Contract.
7.3.
In the event we cancel the Order, or you are rightfully canceling your Order subject to Section 7.2 above, after payment has been processed, we will refund any money paid in respect of that Order, typically within 14 days.
7.4.
Except to the extent otherwise required by law or as expressly set out in these Terms, we will not be liable to you, or any other person/legal entity, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. PAYMENT
8.1.
After we issue an Order Confirmation, payment will fall due as specified in the Order Confirmation or other written document issued by us. We retain the right to receive payment in full before engaging our suppliers to start producing the Order and/or sending the Products from our warehouse.
8.2.
If we do not receive timely payment in full, we are entitled to limit our losses by instructing our suppliers to halt production of the Order.
8.3.
If we have a separate written agreement with you regarding payment, this separate agreement shall apply instead of this Section 8.
9. RETURN OF DELIVERED PRODUCTS
Returning already delivered Products is subject to the written approval of Partech. If you wish to return a Product, you must contact Partech in writing to request authorization for the return of the item(s). Partech may at its sole discretion decide whether and to which extent a return is permissible. If Partech chooses to allow a return, a return fee may apply and may be claimed in advance as a condition for allowing the item(s) to be returned. Furthermore, the responsibility to return the item will be on the customer.
Please note that, as a general rule, Order Items are not eligible for return. For further information, please see our Return Policy.
10. CLAIM-HANDLING AND WARRANTY
If you claim that a Product does not conform to the agreed specifications or quality, you must submit a warranty claim to post@partech.no. Partech is not responsible for any actions, or to perform any actions, until the claim has been handled without any undue delays. If Partech determines that the claim is unjustified, we may charge you for all costs incurred in handling the claim, including transportation and inspection expenses.
The customer is not entitled to a replacement product while Partech is handling a claim, hereunder inspecting, repairing, transporting and/or replacing the Product.
At Partech, we provide a limited warranty for all Products and our warranty covers any defects in materials, software or workmanship (“Manufacturer’s Defect”) for one year from the delivery date. This means that we will repair or replace (at our discretion, with an identical or reasonably equivalent style), free of charge including shipping costs, any component that our service team finds to be a Manufacturer’s Defect. You will be charged all costs, until the claim has been accepted and a credit note for all the costs will be issued. Please note that Partech will only cover transportation costs if the Customer paid Partech for transportation. Partech will only cover transportation costs according to Partech’s own preferred transportation method, limited to/from the original transport destination.
For further information please see our Returns Policy and follow our warranty process.
11. AVAILABILITY OF PRODUCTS
11.1.
You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable.
11.2.
We reserve the right to withdraw or suspend from sale any Products displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, we will not be liable to you, or any other person/legal entity, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. PASSING OF RISK AND TITLE
12.1.
The risk in the Product shall pass to you when the Product is shipped from us. The full legal, beneficial and equitable title, including ownership rights, to the Product shall remain vested in us (even though it has been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier:
12.1.1.
payment in full, in cash or cleared funds, for all the Product has been received by us; and
12.1.2.
all other money payable by you to us or under the Contract or any other contract or order has been received by us.
13. DELIVERY
13.1.
We aim to fulfill your Order by the estimated delivery date set out in the Order Confirmation. Please note that this date is based on information from our suppliers. Accordingly, we reserve the right to provide new estimated delivery dates if we receive updates from our suppliers. Many of our Products are made or tailored to your specific needs by third parties, and as such, we are not liable for the final delivery date.
13.1.1.
If we send a new estimated delivery date for items marked as “In stock” on our website with a significantly later estimated delivery date than what follows from the Order Confirmation, such items may be cancelled without cost, and we will refund any money paid.
13.1.2.
Order Items may not be cancelled based on a later delivery date than estimated in the Order Confirmation. We will, however, upon your written request, try to cancel Order Items with our suppliers if given a sufficiently longer estimated delivery date than what follows from the Order Confirmation. If we are able to cancel the Order Items with our suppliers, we will provide similar cancellation terms to you. For more information on which delays may not be subject to cancellation, please see Section 17 (Events Outside Our Control) below.
13.2.
Delivery shall never take place later than ten business days after your Order is confirmed in our Order Confirmation, provided we have all of the ordered Products in our warehouse at the time the Order Confirmation is sent, marked on our website as “In stock”.
13.3.
For Order Items, delivery will normally take place within 48 hours, at the latest ten business days after all the ordered products have been received in our warehouse by our suppliers. If it is important to receive the Order within a specific date, you are required to agree such delivery date prior to placing the Order by sending an e-mail to post@partech.no and obtaining a written agreement with us regarding that delivery date. If no such delivery date is agreed in writing, we are not responsible for a long delivery period. Please note that if the final delivery date is later than the first estimated delivery date specified in the Order Confirmation, we will under no circumstances be liable for paying any increase in transportation costs, for example due to increased shipping prices or express delivery.
13.4.
Whether or not we have delivered timely shall be solely based on whether we have delivered within ten business days after (i) we have confirmed the Order through an Order Confirmation, and (ii) more than ten business days have passed since we received all Products necessary for your Order in our warehouse.
13.5.
Delivery will be completed when the Products are shipped from us to the address you have provided, or you have picked up your Order at our warehouse. If you have arranged your own transport, delivery will be deemed to have taken place when the Products are collected from our warehouse. We will, however, assist in transferring the Order from our warehouse onto the transporter when the transporter arrives. In some cases, we arrange shipping for you. In these cases, the delivery place is also where the transporter receives the Product(s), and delivery shall be deemed to have taken place when the Product/Order has been loaded from our warehouse onto the transporter (e.g., truck).
13.6.
The shipping costs listed on our website are usually accurate but are still an estimate based on the weight of the Products/Order. Some goods may, based on their dimensions (e.g., high in volume or long in length), be subject to additional shipping fees, which will be invoiced after the Products/Order is shipped from us. We will inform you if there are significant increases in shipping costs.
13.7.
In the event that we incur extra delivery or storage charges because no one is available at your address to take delivery from our warehouse, you will be liable to pay for such charges, and we have no obligation to send the Order until full payment (including extra charges) has been made.
13.8.
The Products will be subject to your risk and responsibility from the completion of delivery, when the Order is removed from our warehouse to the transporter.
13.9.
For the avoidance of doubt, you are considered to receive full ownership rights of the Products once we have received payment in full, including all applicable delivery charges, in accordance with Section 11 above.
13.10.
If you order Products for delivery to a destination outside Norway, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount. You will accordingly be subject to any such charges and fees.
13.11.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable in case the Products are in breach of any applicable law.
14. OUR RIGHT TO VARY THESE TERMS
14.1.
We reserve the right to revise these Terms at any time, which shall enter into force for any Order Confirmation sent after such time. Every time you order Products from us, the Terms in force at the time of the Order Confirmation shall apply.
15. OUR LIABILITY TO YOU
15.1.
If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a direct and foreseeable result of our breach of these Terms. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
15.2.
Regardless of the above, we have under no circumstance any liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or damages to equipment, property, or others.
15.3.
Please note that we will not be responsible for any costs associated with disassembling any faulty or defective Product from any components, machinery, or property it may be assembled to. Furthermore, we will not be responsible to travel to the location of the faulty or defective Product to inspect, repair, disassemble, or take other actions.
15.4.
We are under no circumstance liable for any defects or faults of Products that we are not notified of within one year after delivery has taken place.
15.5.
Our total liability for any faults or defects shall under no circumstance, and regardless of other sections in these Terms, be higher than the highest of (i) double the purchase price of the faulty or defective Product, or (ii) 5% of the purchasing price of the specific Order that the Product was part of.
16. LIABILITY FOR DELAY
16.1.
Any dates specified by us for delivery of the Products ordered are intended to be an estimate.
16.2.
In case of any delay, we are not liable to cover any losses or refund any additional costs the delay may have for you.
17. EVENTS OUTSIDE OUR CONTROL
17.1.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including but not limited to significant increases in our purchasing prices or other running costs, breaches in contract by our suppliers, or longer than anticipated delivery dates from our suppliers. Furthermore, external events such as strikes, lock-outs or other industrial action by third parties, civil commotion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, natural disasters, epidemic, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport shall be examples of what may comprise an Event Outside Our Control.
17.2.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
•
we will contact you as soon as reasonably possible to notify you;
•
our obligations under a Contract will be temporarily or permanently suspended to the extent the Event Outside Our Control reasonably dictates.
18. COMMUNICATIONS BETWEEN US
18.1.
When we refer, in these Terms, to “in writing”, this will include e-mail to an e-mail address in which you have previously corresponded with us.
18.2.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.
18.3.
If we must contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.
18.4.
Please note that any notice given by you to us, or by us to you, will be deemed received 24 (twenty-four) hours after the email is sent.
18.5.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post, and in the case of an email, that such email was sent to the specified email address of the addressee.
19. PRIVACY
19.1.
For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Policy. You understand that, if you have provided us with personal data relating to a third party, you have in place a necessary legal basis for doing so pursuant to the EU General Data Protection Regulation (GDPR) article 6 (to the extent this applies), and that such personal data is necessary for our contractual obligation to you.
19.2.
You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
20. ACCURACY OF BILLING AND ACCOUNT INFORMATION
20.1.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person/legal entity, per household, or per Order. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made.
20.2.
You agree to provide current, complete, and accurate purchase and order information for all purchases made at our store.
20.3.
You agree to promptly update your Order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
21. OTHER IMPORTANT TERMS
21.1.
We may transfer our rights and obligations under a Contract to another supplier, legal entity and/or organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our website if this happens.
21.2.
You may only transfer your rights or your obligations under these Terms to another person or legal entity if we agree in writing.
21.3.
This contract is between you and us. No other person or legal entity shall have any rights to enforce any of its terms.
21.4.
Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
21.5.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, and will not mean that you do not have to comply with those obligations. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
21.6.
No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
21.7.
These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
21.8.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
21.9.
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the laws of Norway, and you agree to submit to the exclusive jurisdiction of Hordaland tingrett (Hordaland district court) with proceedings in Norwegian.