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Terms & Conditions

Preamble

Arctic Culina AS is the vendor and responsible party for the web store at the address Houseofhegelund.com. The company is registered in Norway and operates in accordance with Norwegian law. Sales conditions and terms apply to any sale of goods and services by Houseofhegelund.com to consumers as well as terms for the web site Houseofhegelund.com.

In conjunction with the customer’s order, these sales conditions and terms of use comprise the contractual foundation for the acquisition. The purchase is governed by the following standard sales conditions applying to on-line consumer sales. Consumer sales are defined as product sales to a consumer who does not predominantly act as part of a commercial enterprise and the vendor is acting within a commercial enterprise selling goods on the internet. The agreement has been composed and is recommended used by the Norwegian Consumer Council (Forbrukerrådet).

Sales to consumers are mainly governed by contract law (“avtaleloven”), the consumer protection act (“forbrukerkjøpsloven”), advertising law (“markedsføringsloven”), rescission law (“angrerettsloven”), consumer credit sale law (“kredittkjøpsloven”) and e-commerce law (“ehandelsloven”). These laws grant the consumer undeniable rights. The terms of the agreement may no be construed as an abatement of any statutes decreed by law, but delineate the most important rights and responsibilities incumbent on the parties. The vendor may opt to propose better terms than those put forward in these sales conditions. In any case where the agreement does not directly represent a solution to a given problem, it has to be amended with relevant statutes as set forward in law.

If you desire more information in regard to your rights and responsibilities governing purchases, the relevant laws may be found at www.lovdata.no. Where these sales conditions demand statements in writing, this is construed to mean by email, letter or equivalents.

1. AGREEMENT

The agreement between buyer and vendor consists of the information given by the vendor in regard to the fulfillment of the order in the on-line store (including, but not restricted to information regarding the nature of the goods, their quantity, quality, other properties, price and delivery conditions), direct correspondence (such as email) between the parties if applicable in addition to applicable sales conditions. In case of a difference in regard to the information given by the vendor about the sale fulfillment by the web store and direct correspondence between the parties and the terms of sale conditions, direct correspondence between the parties and information set forward in the web store’s sales conditions shall supersede the sale conditions unless there is a conflict with mandatory law.

The agreement also governs any use of the web site Houseofhegelund.com, our newsletter and other information rendered by us.

2. THE PARTIES

The vendor is:

Company: Arctic Culina AS

Org. No.: 920 510825

VAT (Mva.) No.: 920510825MVA

Delivery address: c/o BK Logistikk AS, Nordre Fokserød 13, 3241 Sandefjord.

Web site: www.houseofhegelund.com

Email: info@houseofhegelund.com

hereinafter called “we” or “us”.

The buyer is:

The person named as buyer in the order, hereinafter called “you” or “your”.

If you are below the age of 18, you may only place orders if you have your own suitable payment (debit) card . You may not use any other means of payment. You may also let a legal guardian make the transaction on your behalf.

3. PRICE

Prices are stated in United States dollar (USD).

Prices in the web store include Norwegian VAT, environment tax where applicable and other duties. In addition to the delivery charge, which is specified during the order process, these sums constitute the total payment due. They are displayed before you place your order.

Prices are continually fluctuating, and until an individual order is effectuated, they may be subject to variation due to changes in prices from suppliers or in exchange rates. Any such changes that take place after an order is placed will not have any retroactive effect.

Duty free sales are not available on our website.

International deliveries:

For international deliveries Norwegian VAT is kept at the checkout payment. The amount of Norwegian VAT is used to pay customs and VAT in your chosen country for destination.

In other words, the total sum is included duties, VAT in destination country, any applicable environment tax and other duties as well as delivery charges to the delivery destination.

Among other statements, the invoice will contain an international tariff code (HS).

 

4. AGREEMENT PROCEDURE

A binding contract is established when we receive your order. However, a party is not bound by the agreement if an error occurs due to a clerical error, such as a typo in our on-line order form or the order you place with us, and the other party must have understood that such an error has occurred.

As we receive your order, we are to send you a confirmation of said order without unreasonable delay. You are advised to check the order confirmation against the order you placed in regard to the quantity, nature of the goods, price aso. If the order and confirmation diverge, you should contact us as soon as possible.

We reserve the right to cancel your order partially or in whole if the goods are not in stock. In such a case, you will receive a message to that effect as well as information about alternative goods.

5. PAYMENT

We may claim payment for the goods from the point of time it is being shipped. If you pay with a) a credit card or b) a debit card, we may reserve the amount due on your account up to 4 (four) days after the order has been placed c).

a) a credit card is a vehicle of payment where the economic settlement takes place when the creditor (the credit card corporation) sends the card owner an invoice for the amount due.

b) a debit card is a vehicle of payment associated with a deposit account. As the card is used, the account is deducted from the account and transferred to the recipient.

c) When using a credit card the consumer credit sale (“kredittkjøpsloven”) and other applicable laws take effect.

6. DELIVERY

Delivery is considered fulfilled when we deliver the goods in the manner, at the destination and the point of time stated in the on-line store’s order form.

If no delivery time is stated in the on-line form, we are to deliver the goods to you within a reasonable time period and no later than 30 (thirty) days after your order has been placed. We are to ensure that the goods are sent to you and are obligated to have the goods delivered to their destination by suitable means and in accordance with ordinary transport conditions.

If not otherwise agreed, the point of delivery by our distributor DHL is your address or another point chosen by you as you place your order. For delivery in Norway, you may choose to have the goods delivered by the Norwegian national mail service POSTEN at a local post office or service center.

7. PRODUCT LIABILITY

Liability for the goods is transferred to you in accordance with the agreement. If the time of delivery has arrived and you fail to take possession of the goods being delivered to you as agreed, you are liable for any loss or damage that may incur due to properties inherent in the goods.

8. REVOCATION

You may revoke your purchase in accordance with a) the Norwegian rescission law (“angrerettsloven”). Such cancellation entails that you may return the goods to us without stating a reason, even if the goods are not faulty and even if they have not yet been delivered. You have to alert us of your intention to make use of your right to cancel within 14 (fourteen) days after receipt of the goods. Delivery is considered fulfilled when the goods have reached their point of destination.

a) Lov av 21. desember 2000 nr. 105 om opplysningsplikt og angrerett m.v. ved fjernsalg og salg utenfor fast utsalgssted (angrerettloven).

If you make use of your right to cancel the order, the goods must be returned to us within reasonable time. We are bound to return the entire purchase sum to you within 14 (fourteen) days from the day we receive the goods or delivery slip or the goods have otherwise been made available to us. We may not demand fees for cases of cancellation, but we may claim reimbursement for the cost of the return shipment. You may examine the goods before you cancel the order. However, the goods must be returned to us in the same state and quantity as you initially received them. If possible, you must return the goods to us in their original container.

The right to cancellation does not apply when the goods have been unsealed, as stated in angrerettloven’s § 22. For instance, a sealed container is a gift box with foodstuffs in a package that has been sealed on the outside. Other examples include, but are not limited to, boxes with fish seasoning, salts packets and boxes with flatbrød.

9. DELAYED OR MISSING DELIVERY

In the case of delayed or missing delivery, claims against us must be relayed within a reasonable amount of time if the delivery has not been effected at the time agreed upon. If the goods have been bought with a credit card, you may choose to file your complaint and claim with the creditor (credit card company) a). The claim to us or the creditor should be made in writing (by email or letter).

a) Lov av 21. juni 1985 nr. 82 om kredittkjøp m.m. § 8.

10. PRODUCT DEFECTS

You should check that the delivered goods comply with your order as soon as possible. Check that the goods have not been damaged during transport or are faulty in other ways.

If the goods are faulty, you must alert us that you intend to make a claim to that effect within a reasonable amount of time.

If you find that the goods are faulty or otherwise inadequate, you must alert us to your intention of filing a consumer complaint within reasonable time after the point you discovered or should have discovered said fault. The complaint must be filed no later that 2 (two) months after receipt of the goods. If the goods in whole or in part are intended to last considerably longer, the time limit for complaints is 5 (five) years. If you do not file a complaint in time, you forfeit your right to complain.

We can be alerted of faults or other inadequacies verbally or in writing. For reasons of proof, we recommend you file your complaint in writing, preferably by making contact through info@houseofhegelund.com.

If the goods are deficient through no fault of yours or causes on your side, and you have filed a complaint within the aforementioned time limit, §6 of the consumer protection act (“forbrukerkjøpsloven”) entitles you to

1. hold back payment in whole or in part (if payment has not already been made).

2. choose between having the deficiency corrected or a new delivery, given certain circumstances.

3. demand a price reduction, given certain circumstances.

4. demand that the order be annulled if the goods’ deficiency is not negligible. (It is usually a precondition for cancellation that the goods are returned in the same state and quantity as delivered, see § 51 in the consumer protection act (“forbrukerkjøpsloven”).

5. demand a compensation, given certain circumstances.

If the goods turn out not to be deficient, we can only claim compensation for whatever inspection has been necessary to establish whether any fault existed, and payment for product repair if we have explicitly alerted you to the fact that you have to cover such expenses yourself, see § 30 in the consumer protection act (“forbrukerkjøpsloven”).

Should you choose to initiate any action to correct a product deficiency yourself beyond what has been agreed to with us, we will not reimburse your expenses.

We reserve the right to reject a complaint if the goods are not shown to be faulty as defined in applicable consumer law.

We cover the return delivery for accepted complaints.

If you request that your customer account be canceled, all purchase records will be erased. It is important that you keep your sale receipts in case of future complaints. You cannot make warranty or other claims without receipts. If you wish to return any goods to us due to a complaint and you have canceled your account, a new account must be opened for us to process the complaint.

11. OUR RIGHTS SHOULD YOU NOT UPHOLD YOUR OBLIGATIONS

If you do not pay or fulfill other obligations as per the agreement, and this is not caused by us or any circumstances on our side, we may withhold delivery of the goods, demand the agreement be fulfilled or annulled and claim monetary compensation from you in accordance with chapter 9 in the consumer protection act (“forbrukerkjøpsloven”). In given circumstances we may also claim interest for late payment, debt collection fees and fees for products that have not been pre-paid and that you have failed to collect. In lieu of timely payment our claim may be sent to a  debt collection agency provided you have been given advance notice. In such a case, you may be held liable for any fees accrued in accordance with the laws governing collection agencies and other collectible debts.

Effectuation: If you do not pay, we may maintain the validity of the sale and demand that you pay the sales amount (effectuation). If the goods have not been delivered, we forfeit our right if we wait for an unreasonable time period before we assert our claim.

Fee for goods that have not been pre-paid and that you have failed to collect: If you fail to collect goods that have not yet been paid for, we may charge a fee equivalent to NOK 60 plus transport and return. The fee is not to exceed the real expenses we incur by delivering the product to you. This fee may not be imposed if you are below the age of 18.

Cancellation: On any significant payment failure or failure to uphold other clauses in the purchase agreement on your part, we may cancel the agreement, but we may not do so after payment has been made. We may also cancel the purchase if you have not paid within a reasonable extended period of time granted by us. However, we may not cancel within this extension period unless you have stated that you do not intend to pay.

Restitution: We may demand restitution for any monetary loss incurred due to breach of agreement on your side, see § 46 of the consumer protection act (“forbrukerkjøpsloven”).

Interest on late payment/debt collection fees: If you do not make payment due in accordance with the agreement, we may claim interest on the payment sum in accordance with the law governing late payments.

12. WARRANTY

The warranty issued by us grants you rights in addition to those already granted by mandatory law. Thus, an warranty does not impede your right to customer complaints, revocation or claims due to belated delivery or deficiencies as stated in sections 8, 9 and 10.

13. PERSONAL INFORMATION AND PERSONAL DATA PROTECTION

Our Chief Executive Officer is responsible for the company’s treatment of personal data and is charged with ensuring that all processing and handling of personal information complies with applicable law.

Contact information: info@houseofhegelund.com

No personal information about minors under the age of 15 may be collected unless by consent from parents or legal guardians.

By supplying your personal information you accept the routines and conditions as stated here.

13.1. PERSONAL INFORMATION

We need your name, address, cell phone number and email address to be able to process sales. This information is necessary to facilitate shipping your order to the correct destination address, keeping you updated about the status of the transaction and to contact you if the need arises in conjunction to your order.

Personal information may also be used for the following purposes: Sales, contact with customer services, marketing, information and accounting.

We may need other personal information for various purposes. The privacy statement lists what information is required and its purpose.

YOUR RIGHTS:

In accordance with applicable law, you are entitled to access your personal data we may have on record. According to law, you may request to receive this information at any time and free of charge.

You may also request that your personal data be deleted or corrected at any time, provided that we are not compelled by law or other binding obligations to retain such information.

Information is to be delivered/transferred in a secure manner. If you make your request in electronic form, and unless you request otherwise, the information is to be relayed in a common electronic format. You may withdraw your consent given to us at any time.

If you have any complaints regarding our handling of personal data, you may also contact the Norwegian Data Protection Authority (“Datatilsynet”).

FILING AND SECURE KEEPING:

We are tasked with retaining order information for bookkeeping, tax and fees purposes and warranty and returned goods handling. These records are deleted after 10 (ten) years. For the sake of security, we also register the IP address associated with individual orders.

We have dependable routines and extensive precautions in place to ensure that unauthorized access to your personal data does not occur and that said information is  handled in accordance with applicable law. You may rest assured that your personal information is kept safe.

13.2 PERSONAL DATA PROTECTION STATEMENT

This Personal Data Protection Statement explains how we compile and handle personal data. The statement and section 13.1 contain information in regard to your rights concerning storage of personal data we collect due to your customer relation with us as well as general information about the way we handle personal data in accordance with applicable law.

13.2.1 HOME PAGE AND E-TRADE PLATFORM

The website is protected by SSL/TLS (Secure Sockets Layer/Transport Layer Security), ensuring that all transactions between users and the site are encrypted by use of the HTTPS protocol.

All reasonable precautions have been taken to protect against hacking attacks on the server tier as well as the WordPress installation itself. The website is updated continually with new versions of plug-ins and WordPress kernel versions to close any security gaps.

Pro ISP:

Pro ISP is our website host. Data are stored on servers in Norway. As an internet service provider, Domeneshop adheres to strict security standards and does not itself use or share any personal data with other parties. The information stored with the firm consists of order information, names, addresses and email addresses, phone numbers and shipping addresses.

WordPress and WooCommerce:

Our publishing platform is WordPress. Our e-commerce platform is WooCommerce, which runs on WordPress. No personal data are shared either with WordPress or WooCommerce, but are stored by Pro ISP (see above).

13.2.2 SUBCONTRACTORS:

We make use of services provided by subcontractors/third parties. These subcontractors have access to your personal information only to perform specific tasks on our behalf and are obligated not to disclose or use it for any other purpose. The following lists possible data storage locations:

Gnist Design:

Our associate in charge of developing and operating our website and on-line store. The company has access to all data. Gnist Design does not use any data for other purposes, nor does it share data with other parties.

Visma:

We cooperate with Visma to handle orders and accounts. The information we share with the firm consists of names, addresses and email addresses, orders and invoices.

BK Logistikk:

BK Logistikk is our partner which handles warehousing, packaging, orders, returned goods and logistics. The information we share with the firm consists of names, addresses and email addresses, phone numbers, desired delivery times and points.

Posten (Bring):

Posten is our partner which handles shipping within Norway. The information we share with the firm consists of names, addresses and email addresses, phone numbers, desired delivery points and times.

DHL:

DHL is our partner which handles shipping within Norway and abroad. The information we share with the firm consists of names, addresses and email addresses, phone numbers, desired delivery points and times.

Card payment processing:

We cooperate with Visa and Mastercard.

For security purposes, we retain a history including the IP addresses associated with orders. If you make a payment by one of the aforementioned means, personal data such as addresses and email addresses and mobile phone numbers will be retained.

We do not store card numbers beyond what is necessary to ensure efficient handling of any problems that may arise in conjunction with account charges, clearing holds (i.e. removing reservations on payments that have not yet been processed, thus making the sum available to the card holder again) and credit due. We have no access to your entire credit card number through any of our systems.

Information regarding payment may be shared with the provider of payment processing you have chosen. Payment and card information is only used to facilitate a payment.

Mailchimp:

We partner with Mailchimp to facilitate email marketing  and distribution of our newsletter. The firm stores your name and email address. Mailchimp does not share any information with other parties. The newsletter is intended for customers in our on-line store, those who have downloaded content on our website, i.e PDF-files, and other subscribers. You can unsubscribe by clicking the unsubscription link in the email message.

Hotjar:

We partner with Hotjar to study traffic, usage patterns and trends on our website. The data we collect is used to optimize your user experience and adjust the content of our web pages. In accordance with Hotjar’s guidelines, none of your personal information is collected. Please visit hotjar.com/privacy for more information.

Google Analytics:

We log anonymous information originating with all visitors to our website. For this purpose, we mainly use cookies to gauge traffic and optimize content. This information cannot be used to trace you personally.

We use the Google Analytics tool to study traffic, usage patterns and trends on our website. The data we collect is used to optimize your user experience and adjust the content of our web pages. In accordance with Google’s guidelines governing the use of Google Analytics, none of your personal information is collected. The compiled data are stored on Google’s servers.

The Google Analytics cookie is a first party cookie. It is programmed to expire after 26 months if you do not revisit the website. It is possible to install a web browser add-on that prevents any and all registration by Google Analytics.

If you have an account with us and log in to our website, we transmit a temporary cookie to determine whether your browser supports it. This cookie does not contain any personal data and is erased as soon as you shut down the browser.

When you log in, cookies containing login information and your choice of display options are transmitted. Cookies containing login information expire after two days, while those storing display options are retained for one year.

14. Conflict Resolution

The parties are advised to resolve conflicts that may arise in an agreeable manner. If no resolution is agreed upon after mediation by the Norwegian Consumer Council (“Forbrukerrådet”), the parties may stipulate in writing that the Consumer Council forward the conflict to the Consumer Disputes Commission (“Forbrukerklageutvalget”). Decisions made by the Disputes Commission become final judgment one month after the decision has been declared. Before that time, the parties may take the matter to court. Generally, the case is to be decided at a) the judicial district the consumer belongs to.

a) Lov av 17. juni 2005 nr. 90 om mekling og rettergang i sivile tvister (tvisteloven) § 4-5 (7)

15. CHANGE OF TERMS AND CONDITIONS

We reserve the right to change these terms and conditions, including, but not restricted to, changes caused by alterations in applicable laws.

16. COPYRIGHT

We have acquired the right to used the trademark House of Hegelund including, but not restricted to, the purpose of selling goods under the label House of Hegelund. House of Hegelund is a registered trademark, No. 296227. We have acquired the right to use the domain Houseofhegelund.com. The trademark and domain are owned by  House of Hegelund AS, Norwegian organization number (org.nr.) 917 698287.

All content on these web pages is protected inter alia by copyright, marketing and trademark laws. It is to be understood that the company name, trademarks, design and layout, product names, product information, including, but not limited to,  descriptions of goods and measures, images and graphics and any other content on these web pages may not be downloaded, copied or otherwise used unless explicitly allowed by mandatory law or by our written consent.

17. EXTRAORDINARY CIRCUMSTANCES

We are only liable for depreciation in the value of a product if it has been shown to be faulty or otherwise deficient. We are not liable if we establish that the deficiency is due to circumstances beyond our control, and of such a nature that we could not reasonably be expected to avert or overcome its effect.

We are not liable for any loss that may incur unless said loss is due to gross negligence or intent on our side.

The terms governing consumer sales may not be inferior to the conditions stated by law, see the law on consumer sales (“Lov om forbrukerkjøp av 2002-06-21 nr. 34.”).

18. FORCE MAJEURE

If we are prevented from shipping or mandatory re-delivery, or if such mandatory delivery is unreasonably burdensome due to a workplace conflict or any other circumstance beyond the parties’ control, such as conflagration, war, mobilization or unforeseen military drafts of a corresponding nature, commandeering, confiscation, restrictions on capital, revolt or insurgency, scarcity of transport, general scarcity of goods, restrictions of fuel import, and deficient or belated deliveries by subcontractors or producers caused by occurrences as stated here, we are exempt from any and all liability other than cases of consumer complaints and reimbursing the cost of the deficient product.

19. NEWSLETTER

Our newsletter contains information regarding goods, meetings and company news in addition to exclusive content, such as authentic recipes, culinary inspiration, localized tips and stories.

The newsletter is a communication sent to subscribers and customers in our web store. Those who signed up for PDF-downloads will be added to the newsletter list.

If you wish to unsubscribe, you may do so by clicking the link on the bottom of the newsletter. Alternatively, you may send an email to info@houseofhegelund.com.

CHANGELOG

Last updated May 30, 2018.