Terms and conditions:

Version(s):
1. 06.02.2019 -

Sales conditions Salgsbetingelser

Introduction - Making a purchase

This purchase is regulated by the Standard Sales Conditions for Consumer Purchases of Goods/services over the Internet, given below. (Provided by the Norwegian Forbrukertilsynet, with some minor alterations.) Consumer purchases via the Internet are regulated primarily by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the E-Commerce Act, and these laws provide consumers with mandatory rights. These laws are available (in Norwegian) at www.lovdata.no. The terms of the contract are not to be understood as a limitation on legal rights, but present the parties’ most important rights and duties in regard to the purchase.

1 Contract

The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation.

In addition, the contract will be complemented by relevant statutory provisions that regulate the purchase of goods between traders and consumers.

2 Parties

The seller is:
Rafdal Language Academy
Åbødalen 68
4200 SAUDA
NORWAY
support@rafdal.la
917 484 392 - Organisation number

And is designated in the following as the Seller.

The purchaser is the consumer who places the order, and is designated in the following as the Purchaser.
The services and goods is the lessons that can be purchased, individually and in packages, and their accessories and is designated in the following as services and goods.

3 Price

The stated price for the good and services is the total price to be paid by the Purchaser. This price includes all taxes and additional costs. The Purchaser shall not be charged for any further costs of which the Seller has not informed the Purchaser before the purchase.

Offer / package codes

There are several types of codes that can be used to either get discounts, free lessons, and package codes used to book lessons from purchased packages. They are divided into two categories:

  • Public:
    Publicly available codes that can be found on the website and used by anyone. Restrictions to the codes will be listed along with the code itself.

  • Private:
    Private codes are those that are intended for specific individuals and not public use. These codes include package codes aquired from the purchase of a package, or private codes that have been shared with the Purchaser by the Seller.

    Sharing private codes is not permitted, and may end with the termination of the sale(s) as per section 8 of the sales conditions.

4 Conclusion of contract

The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller.

However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.

5 Payment

The Seller may charge the Purchaser for the good from the time it is sent from the Seller to the Purchaser.

If the Purchaser uses a credit or debit card to make the payment, the Seller may hold the funds on the card when the order is placed. The card will be charged on the same day the good is sent.

6 Delivery

Delivery occurs once the Purchaser or his/ her representative has ordered and paid for the Service, be it an individual lesson or a package of multiple lessons, and their add-ons.

If the delivery time is not stated in the ordering solution, the Seller shall deliver the good to the Purchaser within a reasonable time frame and no later than 30 days after the order is placed by the customer. The good shall be delivered to the Purchaser unless other, special arrangements are made between the parties.

7 Delays and non-delivery: the Purchaser’s rights and time limit to make a claim

If the Seller does not deliver the service or goods or delivers it late according to the terms of the parties’ contract, and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, demand performance of the contract, terminate the contract and/or demand compensation from the Seller, according to the relevant circumstances.

For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).

Performance

The Purchaser may affirm the purchase and demand performance from the Seller. The Purchaser may not however demand performance if there is a barrier to performance the Seller cannot overcome, or if performance would cause a great disadvantage or expense to the Seller that is out of proportion to the Purchaser’s interest in the performance. Should these obstacles be removed within a reasonable amount of time, however, the Purchaser may demand performance.

The Purchaser loses his/her right to demand performance if he/she waits an unreasonably long time to make the claim.

Termination

If the Seller does not deliver the service or goods at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the seller does not deliver the service or goods within the additional time frame, the Purchaser may cancel the purchase.

The Purchaser may however cancel the purchase immediately if the Seller refuses to deliver the service or goods. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the Purchaser has informed the Seller that the delivery time is a decisive factor.

If the service is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the  conclusion of the contract, termination must be asserted within a reasonable time frame after the Purchaser was informed of the delivery.

Compensation

The Purchaser may demand compensation for losses incurred as a result of the delay. However, this does not apply to cases in which the Seller can assert that the delay was due to obstacles outside the Seller’s control that could not have reasonably been fore- seen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.

8 Seller’s rights in case of Purchaser’s breach of contract

If the Purchaser does not pay or otherwise fulfill his/her duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the good, demand performance of the contract, terminate the contract and demand compensation from the Purchaser, according to the relevant circumstances. The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.

Fulfillment

If the Purchaser does not pay, the Seller may affirm the purchase and demand that the Purchaser pay the purchase sum. If the good/service is not delivered, the Seller will lose its right if it takes an unreasonably long time to make the claim.

Termination

Upon significant non-payment breach or any other significant breach by the Purchaser, the Seller may terminate the contract. When termination of the contract is initiated by the Seller, the amount to be refunded depends on whether or not it is an individual service, or a package of services that has been purchased (e.g. an individual lesson, or a package of lessons).

In the case of individually purchased and booked services, the total amount to be refunded will be the same as the cost of the service(s) booked, minus services that have been completed.

In the case of packages the amount to be refunded will be based on the total cost for the package, minus any services already provided. The cost of the delivered services will be counted as the same as the cost for individually booked lessons.

Interest relating to late payment/collection fee  If the Purchaser does not pay the purchase sum specified in the contract, the Seller may  charge interest on the purchase sum according to the Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.

9 Personal data

The Seller is the party responsible for handling collected personal data. Unless the Purchaser consents otherwise, the Seller may only obtain and store whatever personal data is necessary for the Seller to complete its duties according to the contract. The Purchaser’s personal data shall only be given to others if this is necessary for the Seller to fulfill the contract with the Purchaser, or in cases where this is required by law.

10 Conflict resolution

Claims must be directed to the Seller within a reasonable time frame in accordance with Section 7. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no (They speak English)

Terms of Use Avtalevilkår

Introduction - Booking lessons

The booking of these lessons is regulated by the Terms of Use (ToU) given below. There are no laws that dictate what the Terms of Use must contain, but according to the Marketing Control Act, the ToU can not be unfair with a bias towards the company or person writing it. Should something here be perceived as unfair, you may look at section 7. Conflict resolution on how to deal with the issue.

1 Contract

The contract consists of these Terms of Use, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation.

2 Parties

The Teacher is:
Steffen K. Rafdal
Proprietor of Rafdal Language Academy

And is designated in the following as the Teacher.

The student is the consumer who books the lessons, and is designated in the following as the Student.

3 Requirements

To make sure the booked lessons go smoothly, and there are no issues with communication or the online lessons themselves, there are a few recommended requirements for both the teacher and student.

  • Internet connection:
    The teacher and student must always make sure they have adequate internet connections to perform the planned call. 1 - 1.5 Mbps is the minimum recommended speed.
    Speed is not always everything, and stability is also important. Check how you do here: https://fast.com/

  • Microphone:
    Having an appropriate microphone is quite important, as the teacher can’t help you if he can’t hear anything, and vice versa. To test if your microphone, go to Skype and search for “Echo / Sound Test Service” in your contacts, call it and follow the automated instructions to make a test call to check that your microphone and sound works as intended.

  • Language:
    Being able able to speak and understand English is quite important, this is to avoid misunderstandings both in and outside lessons during communication between the Teacher and Student. The requirement for a high level of English drops the more the Student learns Norwegian, but it is still important.

4. Schedule

The full schedule and which times the Teacher has set to be available will always be found at this link. The schedule will never go through any minor or major revisions without notifying the Student about it in advance.

In the case a change has to be made to the schedule, minor changes can happen no less than a month before a set date, with major revisions and more permanent changes to the schedule being restricted to no less than three months before a set date. To get the latest updates on this make sure to check the front page of the site, where everything will be clearly marked and highlighted if any changes are to happen.

In some cases the Teacher may notify the Student that changes will be happening to the schedule in x amount of months, but not specify exactly how. In those cases the Teacher can be contacted for further details.

5. Booking and Rescheduling

Lessons can be booked up to six hours before it starts.

Rescheduling lessons has been limited to twelve hours before the lesson starts. Which means the Student can reschedule a lesson for any reason up to twelve hours before the time the lesson begins.

Booking and rescheduling after the set time limits can also be possible, however it is up to the teacher to accept or decline the request at the Teacher’s own discretion. If you can’t make a lesson, please notify the Teacher as soon as possible.

6. Cancellation of lessons

Cancellation of a booked lesson is usually not allowed, for both the Teacher and the Student, especially as the lesson can be rescheduled as described in section 5. Booking and Rescheduling.

If a Student books a lesson, doesn’t reschedule or show up for the booked time, then the lesson will be marked as a “no-show” by the teacher and it is no longer possible to do anything about it. If the Student sends a message to the Teacher requesting to cancel with the intent to re-book the lesson, the decision to allow or decline this request is again left up to the Teacher’s discretion.

If the Teacher has to cancel or reschedule a lesson after the set time limits as explained in section 5. Booking and Rescheduling, no matter the reason, the Student will be awarded an extra free lesson in addition to rescheduling the one that had to be cancelled.

7. Conflict resolution

Claims must be directed to the Seller within a reasonable time frame in accordance with Section 7 of the Sales conditions. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no (They speak English)

8. Changes may occur

But you’ll be bound by the terms that were present at the time of booking. A complete list of the terms, current and previous, can be found at the top of the page.