Standard Terms and Conditions for Consumer Purchases of Goods over the Internet for Tiny Studios
General
The Tiny Studios ordering system is an online service provided by Tiny Studios AS that customers can use to order services offered by third parties. To use this service, you must accept these terms of use.
Introduction
This purchase is regulated by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with non-waivable rights. The laws are available at www.lovdata.no. The terms of this agreement should not be understood as a limitation of the statutory rights but set out the main rights and obligations of the parties for the transaction.
The Agreement
The agreement consists of these terms and conditions, information provided in the ordering solution, and any specially agreed terms. In the event of a conflict between the information, what is specially agreed between the parties takes precedence, provided it does not conflict with non-waivable legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
The Parties
The seller is Tiny Studios AS, organization number 930 887 404. The seller can be contacted at support@thetinystudios.com, and is referred to as Tiny Studios in the following.
The buyer is the consumer who places the order, and is referred to as the buyer/the buyer in the following.
Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase, the buyer shall not bear.
Conclusion of the Agreement
The agreement is binding for both parties when the buyer has sent their order to the seller.
The agreement is nevertheless not binding if there have been typographical or clerical errors in the offer from the seller in the ordering solution in the online store or in the buyers order, and the other party realized or should have realized that there was such an error.
Payment
Tiny Studios can demand payment for the goods from the time they are sent from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase amount on the card at the time of ordering.
When paying by invoice, the invoice to the buyer is issued at the start of the course. The payment deadline is stated on the invoice and is at least 14 days from receipt.
When purchasing a ticket that belongs to the purchase of an ongoing course, the agreement applies for the duration of the semester course, which means in practice that the buyer pays the entire amount upfront or in installments for the course per month until the end of the semester.
Buyers under 18 years old cannot pay by subsequent invoice.
Media Storage and Sharing
By enrolling in and attending classes through Tiny Studios, you grant the respective studio the right to record videos and take photographs during the classes you participate in.
You consent to these videos and photographs being stored by the studio and used for marketing purposes, including but not limited to promotion on social media, websites, and other publications related to the studios activities.
If you do not wish to be photographed or recorded, please inform the studio in writing before the class begins.
Personal Data
The data controller for collected personal data is Tiny Studios. Unless the buyer consents to something else, Tiny Studios, in accordance with the Personal Data Act, can only collect and store the personal data necessary for Tiny Studios to fulfill the obligations under the agreement. The buyers personal data will only be disclosed to others if it is necessary for Tiny Studios to fulfill the agreement with the buyer, or in statutory cases.
Delivery
Delivery has occurred when the buyer, or their representative, has taken possession of the item. If the delivery time is not stated in the ordering solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods must be delivered to the buyer unless otherwise specifically agreed between the parties.
Risk for the Goods
The risk for the goods passes to the buyer when they, or the buyers representative, have received the goods in accordance with point 6.
Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer can withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act. The buyer must notify Tiny Studios of the use of the right of withdrawal within 14 days from the start of the period. The period includes all calendar days. If the period ends on a Saturday, public holiday, or holiday, the period is extended to the nearest working day.
The withdrawal period is considered met if the notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).
The withdrawal period starts to run:
- For the purchase of individual goods, the withdrawal period runs from the day after the goods are received.
- If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the end of the original period if Tiny Studios does not inform about the right of withdrawal and the standardized withdrawal form before the conclusion of the agreement. The same applies in the case of missing information about conditions, deadlines, and procedures for using the right of withdrawal. If Tiny Studios provides the information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the goods must be returned to Tiny Studios without undue delay and no later than 14 days from the notification of the use of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or Tiny Studios has failed to inform that the buyer must cover the return costs. Tiny Studios cannot charge a fee for the buyer&aposs use of the right of withdrawal.
The buyer can try or test the goods in a reasonable way to determine the nature, characteristics, and function of the goods, without the right of withdrawal being lost. If the trial or test of the goods goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the goods.
Tiny Studios is obliged to refund the purchase amount to the buyer without undue delay, and no later than 14 days from Tiny Studios received notification of the buyers decision to use the right of withdrawal. Tiny Studios has the right to withhold the payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.
Delay and Non-Delivery - buyers Rights and Deadline for Claims
If Tiny Studios does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyers side, the buyer can, in accordance with the rules in the Consumer Purchases Act, chapter 5, depending on the circumstances, withhold the purchase amount, demand fulfillment, cancel the agreement, and/or claim compensation from Tiny Studios.
In the case of claims for breach of contract, the notification should be made in writing for evidence purposes (for example, email).
Fulfillment: The buyer can maintain the purchase and demand fulfillment from Tiny Studios. However, the buyer cannot demand fulfillment if there is an obstacle that Tiny Studios cannot overcome, or if fulfillment would cause such a great inconvenience or cost for Tiny Studios that it is in significant disproportion to the buyers interest in Tiny Studios fulfilling. If the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.
The buyer loses their right to demand fulfillment if they wait unreasonably long to make the claim.
Cancellation: If Tiny Studios does not deliver the goods at the delivery time, the buyer must encourage Tiny Studios to deliver within a reasonable additional period for fulfillment. If Tiny Studios does not deliver the goods within the additional period, the buyer can cancel the purchase.
The buyer can, however, cancel the purchase immediately if Tiny Studios refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed Tiny Studios that the delivery time is crucial.
If the item is delivered after the additional period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation: The buyer can claim compensation for losses incurred as a result of the delay. This does not apply, however, if Tiny Studios proves that the delay is due to an obstacle beyond Tiny Studios' control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
Defect in the Goods - buyers Rights and Complaint Deadline
If there is a defect in the goods purchased from Tiny Studios, the buyer must notify Tiny Studios within a reasonable time after it was discovered or should have been discovered, that they will invoke the defect. The buyer has always complained in time if it happens within 2 months from the defect was discovered or should have been discovered. The complaint can be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyers side, the buyer can, in accordance with the rules in the Consumer Purchases Act, chapter 6, depending on the circumstances, withhold the purchase amount, choose between repair and replacement, demand a price reduction, cancel the agreement, and/or claim compensation from Tiny Studios.
The complaint to Tiny Studios should be made in writing.
Repair or Replacement: The buyer can choose between demanding the defect be repaired or delivery of a corresponding item. Tiny Studios can, however, oppose the buyers claim if the implementation of the claim is impossible or causes Tiny Studios unreasonable costs. Repair or replacement must be carried out within a reasonable time. Tiny Studios is not entitled to make more than two attempts to remedy the same defect.
Price Reduction: The buyer can demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are special reasons, the price reduction can instead be set equal to the defect's significance for the buyer.
Cancellation: If the goods are not repaired or replaced, the buyer can also cancel the purchase when the defect is not insignificant.
Seller's Rights in the Event of buyers Breach of Contract
If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to Tiny Studios or circumstances on Tiny Studios' side, Tiny Studios can, in accordance with the rules in theConsumer Purchases Act, chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and claim compensation from the buyer. Tiny Studios may also, depending on the circumstances, demand interest for late payment, collection fees, and a reasonable fee for uncollected goods.
Fulfillment: Tiny Studios can maintain the purchase and demand that the buyer pays the purchase amount. If the goods are not delivered, Tiny Studios loses their right if they wait unreasonably long to make the claim.
Cancellation: Tiny Studios can cancel the agreement if there is significant payment default or other significant breach of contract by the buyer. Tiny Studios cannot, however, cancel if the entire purchase amount is paid. If Tiny Studios sets a reasonable additional period for fulfillment and the buyer does not pay within this period, Tiny Studios can cancel the purchase.
Interest for Late Payment/Collection Fee: If the buyer does not pay the purchase amount in accordance with the agreement, Tiny Studios can demand interest on the purchase amount according to the Late Payment Interest Act. In the case of non-payment, the claim can, after prior notice, be sent to collection. The buyer can then be held responsible for fees according to the Collection Act.
Fee for Uncollected Non-Prepaid Goods: If the buyer fails to collect unpaid goods, Tiny Studios can charge the buyer a fee. The fee shall at most cover Tiny Studios' actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.
Guarantee
A guarantee given by Tiny Studios or the manufacturer gives the buyer rights in addition to the rights the buyer already has under non-waivable legislation. A guarantee does not, therefore, limit the buyers right to complain and claim in the event of delay or defects according to points 9 and 10.
Dispute Resolution
Complaints should be directed to Tiny Studios within a reasonable time, cf. points 9 and 10. The parties should try to resolve any disputes amicably. If this does not succeed, the buyer can contact the Consumer Authority for mediation. The Consumer Authority is available by phone at 23 400 600 or www.forbrukertilsynet.no.
The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint is submitted here:http://ec.europa.eu/odr.