Terms of ServiceUpdated 9 months ago
The following terms and conditions (“Terms”) apply to all Purchases made by End Consumers, B2C, (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to the Consumer) from Fjorden’s (any reference in the Terms to "Fjorden" and/or “Seller” is referring to Fjorden Electra AS) web store at www.fjorden.co (the “Store”).
By placing a pre-order you confirm that you have understood and accepted these Terms. The completion of our product development process and successful shipping of all pre-buy orders is dependent on sufficient backing from our pre-order campaign and fundraising process. Hence, Fjorden cannot guarantee that the products will be delivered in all cases. If we are unable to deliver, you will be entitled to reimbursement of your payments in accordance with these Terms. These Terms have priority in case of contradiction with any other terms, descriptions, agreements, or understandings between you and Fjorden. Fjorden explicitly rejects any terms deviating from the following Terms unless otherwise is agreed and confirmed in writing.
DESCRIPTION OF PRODUCT(S) AND ACCESSORIES
Fjorden develops the following Product(s) and accessories ("Product" or "Products"); A Bluetooth-enabled iPhone camera grip with physical camera controls, and related accessories such as MagSafe iPhone cases, camera wrist straps, carrying cases, etc. The Product is described and portrayed on www.fjorden.co.
Fjorden strives to provide a complete and accurate description of the products offered. Nevertheless, the Products are still under development. When you pre-order the Product, Fjorden cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the delivered Products.
Fjorden reserves the right to change and modify the product specifications, such as storage capacity, battery capacity, weight, material selection, form, color, and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least fourteen (14) days prior to the shipping date.
ORDER PROCESS (CONTRACT FORMATION)
These Terms, together with the Order Confirmation, form the contract ("Contract") between the Customer and Fjorden and govern the Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the order. The Customer acknowledges and agrees to have read and understood these Terms before placing an order and enter into a binding agreement with Fjorden when clicking the button “Place Order” in the checkout.
The presentation of Product(s) and/or accessories in the Store does not constitute any binding offer by Fjorden for a purchase contract. By clicking the button “Place Order” in the checkout the Customer places a binding offer for a purchase contract with Fjorden (“Order”). Before the Customer submits the Order they will be able to view the details input and correct any mistakes in the information provided.
On receipt of the Order Fjorden will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. All Orders are subject to acceptance by Fjorden at its discretion. If Fjorden refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the Order is refused, Fjorden is not responsible for any loss or delay arising out of such refusal. Fjorden will accept the Order either by sending an acceptance notice or by dispatching the Product(s) and accessories ordered.
Regardless of the foregoing, a Contract will not be binding on either party if the offer from Fjorden provided to the Customer in the ordering process or the Customer’s Order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.
Fjorden stores the Customer’s order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an "acknowledgment of receipt". It will appear on the screen once the Customer has submitted the Order to Fjorden by clicking the "Place Order" button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.
The latest version of the Terms of Service is always available on www.fjorden.co. You may also request a copy of the Terms applicable to your Purchase by contacting Fjorden at [email protected]
PRE-ORDERS, PRICE AND PAYMENT TERMS
The price per unit of the Product and accessories is displayed on the Fjorden website. The total purchase price for the Product(s) and/or accessories is displayed in the Store checkout. Fjorden reserves the right to change prices at any time.
The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or USD ($), and where applicable include value-added tax. In some countries, Customers may be responsible for additional Duties and Import Taxes. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the checkout.
Fjorden is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the Order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.
The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process. The estimated dispatch and delivery date will be stated in the ordering process.
The delivery date will depend on the completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. Fjorden will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. Fjorden shall not be held liable for delays in the estimated delivery date in the pre-order.
The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. Fjorden shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.
Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at the first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.
CANCELLATION OF PRE-ORDERS
The Customer may cancel the Order made in the pre-Order as long as the request is made prior to shipment. Fjorden will send a notice of shipment approximately fourteen (14) days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund.
Fjorden will strive to reimburse your complete payment for the pre-order within fourteen (14) days after your cancellation. Please note, however, that the funds raised with your pre-order may be partially invested in product development. Delivery is contingent on sufficient funds to complete the development of the Products. To the maximum extent permitted by mandatory law, Fjorden will not guarantee that you will receive a full refund in all cases as the funds raised by your pre-order may be lost, either fully or partially. Fjorden may cancel your Order before the shipment date at Fjorden's own discretion. Fjorden will reimburse all your payments in the event of such cancellation.
You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to [email protected] Cancellation requests sent after shipment are not eligible for a refund under this clause.
THE RIGHT OF WITHDRAWAL
The Customer may withdraw from this Contract within thirty (30) days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.
You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at Fjorden’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.
If the Customer wishes to withdraw from the Contract, the Customer must notify Fjorden by e-mail to [email protected] within thirty (30) days of delivery. Fjorden will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by Fjorden. After the Customer has notified Fjorden of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s own costs and risk, within fourteen (14) days in safe and satisfactory packaging, in accordance with Fjorden’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. Fjorden reserves the right to charge the Customer a shipping and handling fee.
Any request to withdraw from the Contract received after thirty (30) days are automatically rejected and will not qualify for a refund.
If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.
The Product(s) comes with a limited two (2) year warranty, this period starts the day after you took possession of the Product(s) in accordance with the process described above (Delivery). During this period, Fjorden warrants that each Product will be free from material and workmanship defects under normal use in accordance with Fjorden’s published user manuals and safety information. Fjorden reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from Fjorden.
To make a warranty claim, the Customer must within a reasonable time from the date on which they discovered, or should have discovered, a defect, notify Fjorden Support via [email protected] The Customer must also include a description of the defect. However, warranty claims must be made no later than two years after the Customer took possession of the Product(s). Fjorden will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.
If Fjorden finds that the defect is covered by the limited warranty of this clause, Fjorden may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At Fjorden’s sole discretion, refurbished Product(s) may be used as replacements. Fjorden warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.
Fjorden may, at its discretion, offer a partial or full refund for the defective Product(s).
There is no warranty for Product(s) that have been (i) modified, altered or adapted without Fjorden’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by Fjorden, to the extent the problem is attributable to such use, (iv) relocated, to the extent that any defects are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.
This limited warranty is extended to and applied to all accessories developed and sold by Fjorden on www.fjorden.co.
Nothing in this clause affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty. According to the Norwegian Consumer Purchase act of 2002, you must notify Fjorden of defect claims within reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after you took possession of the relevant Product.
If any Product(s) and/or accessories you Order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and Order reference, at [email protected]
END-USER CUSTOMER ONLY
Fjorden sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from Fjorden for resale, and Fjorden reserves the right to refuse, cancel or delay the Customer's Order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.
SELLER'S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER
In the case of non-payment (as described in "Pre-orders, price and payment terms)"or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., Fjorden will retain the goods until payment is completed.
Fjorden may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.
In the event that a Customer receives the Product(s) and/or accessories before payment has occurred, Fjorden may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, Fjorden may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.
Fjorden may also claim compensation for any direct loss Fjorden suffers as a result of a breach on the part of the Customer.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing by email. We may give notice to you at either the email or postal address you provide to us when placing an Order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
Fjorden reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on www.fjorden.co.
LIMITATION OF LIABILITY
Fjorden shall in no event be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the sale of any Products or services by Fjorden or the use thereof whether or not such damages are based on tort, warranty, contract or other legal theory, even if Fjorden has been advised or is aware of the possibilities of such damages. Fjorden's aggregate and cumulative liability towards you shall not exceed the amount related to the payment of the pre-order. Your claim for damages must be notified to Fjorden within ninety (90) days of the date of the event giving rise to any such claim, and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim.
You agree to indemnify and hold Fjorden, its affiliates, officers, employees, agents, consultants, and advisers, harmless from any and all claims, including but not limited damages, legal fees, cost, and expenses, from third parties arising in connection with the pre-order.
If either Fjorden or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond Fjorden’s or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party is not liable for any lack of performance caused by a force majeure event. A force majeure event may be but is not limited to war, terrorism, and natural disasters such as pandemics, earthquakes, drought, and floods.
INTELLECTUAL PROPERTY RIGHTS
Fjorden has the exclusive and worldwide right to all intellectual property rights related to the Products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design, and trademarks. You are awarded a non-exclusive, revocable and limited license to use the Products and accompanying software. The software is for your own personal use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party.
If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the agreement will still be enforceable.
COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW
These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of Norway.
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, Fjorden’s Support may be reached through [email protected]
If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, Fjorden will submit this to the Customer upon request.
The customer may further submit a complaint to the Norwegian Consumer Authority. For more information, please see forbrukertilsynet.no.
The customer may also raise a claim for the ordinary Norwegian courts.
Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at https://ec.europa.eu/consumers/odr.
The seller and supplier of the Product(s) and accessories is Fjorden Electra AS, incorporated in Norway under organization number 925 508 918. Fjorden is registered in the Register of Business Enterprises in Norway.
Fjorden’s contact information:
Fjorden Electra AS
Address: Fjorden Electra AS, c/o Iterate AS, Grensen 17, 0159 Oslo, Norway
Email address: [email protected]