These Terms and Conditions set out the general rules, conditions and manner of sale of products, as well as the terms and conditions of free electronic services provided by Derma Medica AS with its registered office in Oslo: Bygdøy alle 60 b, Org: 925403210, via the online shop dermamedica.shop., (hereinafter: “Online Shop”).
Seller – means Derma Medica AS with its registered office in Oslo: Bygdøy alle 60 b, NIP: 925403210; e-mail: firstname.lastname@example.org , which is also the owner of the Internet Shop.
Customer – means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided, or with whom a Sales Agreement may be concluded.
Consumer – means a natural person making a legal transaction with the trader which is not directly connected with his/her economic or professional activity.
Entrepreneur – means a natural person, a legal person or an organisational unit which is not a legal person and to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
Entrepreneur with the rights of a Consumer – shall mean a natural person concluding a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
Shop Website – means the website under which the Seller operates the Internet Shop, operating at the domain dermamedica.shop
Registration – means an actual action performed in the manner specified in the Rules, required in order for the Customer to use all the functionalities of the Internet Shop.
Customer‘s Account – means an individual panel for each Customer, launched on its behalf by the Seller, after the Customer has made the Registration and concluded the agreement for the provision of the Customer’s Account service.
Login – shall mean an individual designation of the Customer, established by him or her, consisting of a sequence of letter, digital or other characters, required together with a Password to open a Customer Account in the Online Store.
Password – means a sequence of letter, digital or other characters chosen by the Customer during the Registration process in the Online Store, used in order to secure access to the Customer’s Account in the Online Store.
Permanent carrier – means a material or tool enabling the Customer or the Vendor to store information addressed personally to him in a manner allowing future access to the information for a period of time adequate to the purposes of such information and which allows the reproduction of the stored information in an unchanged form.
Newsletter – electronic distribution service provided by the Seller via e-mail, which enables all Clients using it to automatically receive from the Seller the contents of subsequent editions of the Newsletter containing information about products, news and promotions at the Online Store.
Sales Agreement – means a distance contract of sale, on the terms set out in the Terms and Conditions, between the Customer and the Seller.
Goods – shall mean a product presented by the Seller via the website of the Store, which may be subject to a Sales Agreement. Products within the meaning of these Terms and Conditions shall also include online courses and trainings available at the website of the Online Store.
Supplier – means the entity with which the Seller cooperates in the scope of delivery of Goods.
Delivery – means the actual act of delivering the Goods specified in the order by the Seller to the Customer, via the Supplier or the Internet.
Working days – means the days of the week from Monday to Friday excluding public holidays.
Regulations – means these Regulations.
- In order to place an order in the Internet Shop via the Store’s Website and to use the services provided electronically via the Store’s Website, it is necessary for the Customer to have an active Customer Account and e-mail account.
- The Seller shall endeavour to make the use of the Internet Shop possible for Internet users with the use of all popular Internet browsers, operating systems, device types and Internet connection types.
- It is forbidden for the Customer to provide unlawful content and use the Internet Shop, the Store’s Website or free services provided by the Seller, in a manner contrary to the law, morality or violating personal interests of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus and identity protection software for Internet use. The Seller shall never ask the Client to provide him with a Password in any form.
- It is not permissible to use the resources and functions of the Internet Shop in order to carry out activities by the Customer that would infringe on the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities consisting in placing content not related to the activities of the Seller; activities consisting in placing false or misleading content.
- In order to gain access to the prices of products available in the Internet Shop and to make purchases, the Customer is obliged to make a free of charge Registration in order to create a Customer Account.
- For Registration, the Client should fill in the registration form made available by the Seller on the Shop website and send the filled in registration form electronically to the Seller by choosing the appropriate function in the registration form. During the Registration process the Client sets an individual Password and profile type indicating whether he/she registers as an Entrepreneur or Consumer.
- The type of profile selected shall affect the prices displayed to the Customer. The Customer registered as an Entrepreneur shall be displayed prices exclusive of the applicable VAT on the relevant Goods. For the Customer registered as a Consumer, the prices shall be displayed taking into account the applicable VAT on the applicable Goods.
- When filling in the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
- During Registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box on the Registration form.
- Consent may be withdrawn at any time by submitting an appropriate statement of the Client to the Seller via e-mail to the Seller’s address: email@example.com.
- After submitting the completed registration form the Seller verifies the accuracy of the data provided by the Customer and activates the Customer’s Account or rejects the application for registration. The Seller reserves the right to reject the registration application, in particular if the data provided by the Customer proves to be incomplete, untrue or misleading, as well as reserves the right to request other documents confirming the status of the Customer, including in particular his/her education/qualifications.
- After activating a Customer Account, the Customer receives immediately, by email to the email address given in the registration form, confirmation of Registration by the Seller. With this moment, an agreement for electronic provision of the service of maintaining a Customer Account is concluded, and the Customer obtains the possibility of accessing the Customer Account and making changes to the data provided during the Registration.
- The Seller shall not be liable for incorrect filling in of the registration form by the Customer and any related damages.
- The information contained on the Store’s website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers for the conclusion of a sales contract.
- The Customer may place orders in the Online Store via a Customer Account 7 days a week, 24 hours a day.
- Placing an order is a submission of an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods subject to the order.
- The Customer placing an order from the Entrepreneur’s profile, wishing to act as an Entrepreneur with consumer rights is always obliged to clearly indicate in the content of the order that the order does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. The Seller reserves the recognition of the order as placed by the Entrepreneur with consumer rights on positive verification of the nature of the order based on the data contained in the Central Business Register and Information.
- After placing an order, the Seller sends a confirmation to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about accepting the order for processing. The information about accepting the order for processing is the Seller’s statement about accepting the offer referred to in § 4 section 3 and upon receiving it by the Customer the Sales Agreement is concluded.
- After concluding a Sales Agreement, the Seller confirms its terms and conditions to the Customer by sending them on a Durable Media to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or order placement.
- All prices on the Store’s Website are stated in Norwegian currency (NOK) and the Customer will be charged the purchase price in Norwegian currency at the exchange rate per. payment of the purchase price.
- Prices on the Store’s Website displayed next to the Goods are dependent on the type of profile chosen when registering the Customer Account, in accordance with the provisions of § 3, paragraph 3. Regardless of the chosen profile, the prices given on the Store’s Website do not include information on delivery costs and any other costs that the Customer will be required to pay in connection with the sales contract. The Customer will be informed about the delivery costs when choosing the delivery method and placing the order.
- The Seller shall make available the following methods of payment for the ordered Goods:
a) by payment card (Visa and MasterCard) – in this case the processing of the order will be initiated after the Seller has sent the Customer a confirmation of the order acceptance and after the Seller has received information about the payment made by the Customer);
b) bank transfer through PayPal, Bambora payment system – in this case the processing of the order will be initiated after confirmation of receipt of the order by the Seller and after receiving information from the relevant system that the payment has been successfully completed);
- The seller can demand payment for the Goods from the time it is sent from the seller to the buyer. If the buyer uses a credit card or debit card when paying, the seller can reserve the purchase price on the card when ordering. The card will be charged on the same day as the item is sent.
- The order awaits payment for 5 working days. After this period, the order is automatically cancelled and the User will be informed about it in an e-mail message. Cancellation of an order does not deprive the User of the possibility of making repeat purchases.
§ 6 Delivery
- Deliveries of products that are not a course or training shall only take place in the Kingdom of Norway. Supplies of products that constitute courses or training may also be performed outside the Kingdom of Norway.
- The Seller shall be obliged to deliver the Goods being the subject of the Sales Contract without defects.
- The Seller shall publish on the Store’s Website information on the number of working days needed for Delivery and Order processing.
- The Delivery and Order completion time indicated on the Store’s Website is calculated in Working Days.
- The ordered Goods, which are not training or courses, are delivered to the Customer by the Supplier at the address indicated on the order form.
- The ordered products in the form of courses or trainings are delivered to the Customer via the Internet to the e-mail address indicated in the order form.
- On the day of dispatch of the Goods to the Client (if the possibility of personal collection of the Goods has not been selected), information confirming dispatch by the Seller is sent to the Client’s e-mail address.
The Client is obliged to inspect the delivered Goods at the time and in the manner accepted for deliveries of a given type. In the event of observing a defect, damage or other defects of the Goods, the Client:
a) in the case of delivery of the Goods via a particular Deliverer – has the right to demand from the employee of the Deliverer to draw up an appropriate protocol.
b) in the case of the Goods delivery via the Internet – immediately inform the Seller about it.
- The Customer has the possibility to collect the ordered Goods in person. Collection can be done at the following address: Derma Medica AS, Bygdøy alle 60 b. 0265 Oslo, on Working Days, during the opening hours indicated on the Store’s Website.
- The Seller shall issue a receipt or a VAT invoice for the Goods supplied. The VAT invoice shall be received by a Client having a Client Account with an Entrepreneur profile, whereas the receipt shall be received by a Client having a Client Account with a Consumer profile.
§ 7 Warranty
- The Seller shall ensure delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
- The basis and scope of the Seller’s liability towards the Customer if the sold product has a physical or legal defect (Warranty) are set out in generally applicable legal regulations, in particular the Civil Code.
- If there is a defect in the Goods, the Customer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. For a Consumer and an Entrepreneur with the rights of a Consumer Complaints can be made no later than two years after the buyer took over the Goods. If the product or parts of it are expected to last significantly longer than two years, the complaint period is five years. Complaints to the seller should be made in writing. For other Customers Complaints can be made no later than one year after the Customer took over the Goods
- If the Goods has a defect and this is not due to the buyer or conditions on the the Customer’s side, the Customer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and re-delivery, demand price reduction, demand termination of the agreement and / the seller.
- If the Goods have a defect, the Customer may:
a) make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Client exchanges defective Goods for goods free from defects or removes defects.
b) This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Goods with goods free from defects or remove defects. Instead of the removal of defects proposed by the Seller, the Client may demand replacement of the Goods for goods free from defects or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Client is impossible or requires excessive costs in comparison with the method proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the identified defect shall be taken into account, as well as inconvenience to which the Client would be exposed by another way of satisfaction.
c) The Client cannot withdraw from the Sales Agreement if the defect is insignificant.
d) demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Client.
e) The Seller may refuse to satisfy the Client’s request if bringing the defective Goods into conformity with the Sales Agreement in a way selected by the Client is impossible or, in comparison with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
- The Customer exercising his/her rights under Warranty is obliged to deliver the faulty item to the Seller’s address.
- The condition in §7 par. 4 does not apply to Goods constituting a course or training, which are sent to the Customer’s e-mail address. In this case, defects in the goods are verified on the basis of the Customer’s written notification and the data provided by the Customer when registering or placing the order.
- In the case of a Customer who is a Consumer and an Entrepreneur with the rights of a Consumer, the cost of delivery is covered by the Seller.
- The Seller shall be liable under Warranty if a physical defect is found before the lapse of two years from the delivery of the Goods to the Client. The right to remove the defect or to replace the Goods with Goods free from defects expires after one year, but this period cannot end before the expiry of the deadline specified in the first sentence. Within this time limit, the Client can withdraw from the Sales Agreement or make a declaration of price reduction due to defects of the Goods. If the Client demanded replacement of the Goods for defect-free ones or removal of defects, the time limit for withdrawal from the Sales Agreement or making a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of defects.
- Any complaints related to the Goods or execution of the Sales Agreement, the Customer may address in writing to the address of the Seller.
- The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or complaint related to the performance of the Sales Agreement reported by the Customer.
- The Customer may submit to the Seller a complaint regarding the use of free of charge services provided electronically by the Seller. A complaint may be made in electronic form and sent to the address firstname.lastname@example.org . The Customer should include a description of the problem in the complaint. The Seller immediately, but not later than within 14 days, considers the complaint and provides the Customer with an answer.
§ 8 Guarantee
- Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of Goods or distributor.
- In the case of Goods under guarantee, information on the existence and content of the guarantee is each time presented on the Store’s Website.
§ 9 Withdrawal from the Sales Agreement
- A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has concluded a Sales Contract may withdraw from the Contract within 14 days without giving any reason under the Right of Withdrawal Act.
- The period for withdrawal from the Sales Agreement shall start when the Goods are taken possession of by the Consumer, Entrepreneur with rights of the Consumer or a third party indicated by them other than the carrier.
- A Consumer and an Entrepreneur with Consumer rights may withdraw from a Sales Agreement by submitting a statement of withdrawal to the Seller. The statement must be submitted in writing to the Seller’s address: Derma Medica AS with its registered office in Oslo: Bygdøy alle 60 b or by e-mail to the Seller’s address, i.e.: email@example.com. Sending the declaration before the deadline is sufficient to meet the deadline.
- In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
- If the Consumer or Entrepreneur with rights of the Consumer has made a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer shall cease to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of statement of the Consumer or Entrepreneur with the rights of the Consumer withdrawing from the Sales Agreement, return to him all payments made by him, including the cost of delivery of the Goods to the Consumer or Entrepreneur with the rights of the Consumer. The Seller may withhold reimbursement of payments received from the Consumer or an Entrepreneur with the rights of the Consumer until receipt of the Goods back or delivery by the Consumer or an Entrepreneur with the rights of the Consumer of proof of return of the Goods, whichever event occurs first.
- If the Consumer or an Entrepreneur with the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the least expensive usual means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or the Entrepreneur with the rights of the Consumer the additional costs incurred by him.
- A Consumer or an Entrepreneur with the rights of a Consumer is obliged to return the Goods to the Seller without delay, however, no later than within 14 days from the date of withdrawal from the Sales Agreement. In order to meet the deadline it is sufficient to send back the Goods to the Seller’s address before the expiry of this period.
- In the case of withdrawal, the Customer who is a Consumer or Entrepreneur with consumer rights shall bear only the direct costs of return.
- The Consumer and the Entrepreneur with the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
- The Seller shall refund the payment using the same means of payment as the Consumer or Entrepreneur with consumer rights, unless the Consumer or Entrepreneur with consumer rights has expressly agreed to a different method of refund which does not involve any costs to the Consumer.
- The right of withdrawal from the Sales Agreement does not apply to the Consumer and Entrepreneur with rights of the Consumer in relation to contracts in which the Goods is the thing delivered in sealed packaging which cannot be returned after opening the packaging for health protection or hygienic reasons, if the packaging has been opened after delivery.
§ 10 Free services
- The Seller provides free of charge services to Customers electronically in the form of:
b) maintaining a Customer Account.
- The services specified in §10 section 1 are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected listed services, of which it will inform the Customers in a manner appropriate for the change of the Terms and Conditions.
- The Newsletter service shall be available to each Customer who enters his/her e-mail address using the registration form made available by the Seller on the Shop website or selecting the Newsletter subscription option during registration of the Customer Account. As soon as the e-mail address is entered or the subscription option is selected during Registration of the Customer Account, an agreement on Newsletter service provision by electronic means shall be concluded.
- Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Clients who subscribed to it.
- The Customer may unsubscribe from the Newsletter at any time by clicking on the unsubscribe link in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.
- The Customer Account service is available after registration according to the rules described in the Rules and Regulations and consists in making available to the Customer a dedicated panel on the Store’s Website which enables the Customer to modify the data provided during Registration.
- A Customer who has made a Registration may report to the Seller a request to remove a Customer Account, however, in the case of a request to remove a Customer Account by the Seller, it may be removed up to 14 days after the request.
- The Seller is entitled to block access to the Client’s Account and free services if the Client acts to the detriment of the Seller or other Clients, if the Client violates the law or the provisions of the Terms and Conditions, and also when blocking access to the Client’s Account and free services is justified by security reasons – in particular: breaking security of the Shop’s website by the Client or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue which constitutes the basis for blocking access to a Customer Account and free services. The Seller shall notify the Client about blocking the access to the Client’s Account and free services by e-mail to the address provided by the Client in the registration form.
§ 11 Reporting threats or violations of rights
- If a Customer or any other person or entity considers that the content published on the Store’s Website violates their rights, personal interests, decency, feelings, morality, beliefs, rules of fair competition, know-how, a secret protected by law or under an obligation, they may notify the Seller of the potential violation.
- The Seller notified of a potential infringement shall take immediate action to remove the content causing the infringement from the Store’s Website.
§ 12 Protection of personal data
§ 13 Termination of the agreement for the provision of services by electronic means
- Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
- A Customer who has made the Registration terminates the agreement for provision of services by electronic means by sending an appropriate declaration of will to the Seller, using any means of remote communication allowing the Seller to get acquainted with the Customer’s declaration of will.
- The Seller terminates the agreement for provision of services by electronic means by sending an appropriate declaration of intent to the Customer at the e-mail address provided by the Customer during Registration.
§ 14 Copyright
- All rights to the Online Store, including intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms, logotypes placed on the Store’s Website (with the exception of logotypes and photographs presented on the Store’s Website for the purpose of presenting goods, the copyrights to which are held by third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Rules and with the consent of the Seller expressed in writing, otherwise being null and void.
- All content included in the training materials and courses which are the subject of the Sales Agreement under the terms of these Terms and Conditions, including in particular: the training programme, graphics, music, presentations and teaching aids used, are the subject of the Seller’s property rights and may not be made available, transferred or presented without his express and prior consent expressed in writing under pain of invalidity.
- The concluded Agreement does not transfer any copyrights to the Customer, nor does it establish a licence to use them.
§ 15 Conflict resolution
Complaints are addressed to the seller within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably. If this does not succeed, the buyer can contact the Norwegian Consumer Agency for mediation. The Norwegian Consumer Agency is available on telephone 23 400 600.
The European Commission’s complaints portal can also be used if you wish to lodge a complaint. This is especially relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.
§ 16 Final provisions
- The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of losses actually incurred by the Client who is an Entrepreneur.
- The content of these Terms and Conditions may be recorded by printing, saving on a Durable Media.
- If a dispute arises under the Sales Agreement, the parties will seek to resolve the matter amicably. The laws of the Kingdom of Norway shall govern all disputes arising under these Terms and Conditions.
- The Seller informs the Customer who is a Consumer about the possibility to use out-of-court complaint handling and claim investigation procedures. The rules of access to these procedures are available at the registered offices or websites of entities entitled to out-of-court dispute resolution.
- The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the date the order was placed by the Customer. The change to the Terms and Conditions comes into force within 7 days of their publication on the Store’s website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the change of the Terms and Conditions by an e-mail message containing a link to the text of the changed Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions they are obliged to inform the Seller about it, which results in termination of the contract according to the provisions of §14 of the Terms and Conditions.
- The Rules of Procedure shall enter into force on 01.04.2021 r.