Returns & Refunds
Table of Contents
- Company name: Avanti Cavalli Wasmuth
- Contact address: Thereses gate 3D, 0358, Oslo
- E-mail: firstname.lastname@example.org
- Telephone: +47 915 14 104
- Organization no.: 985 284 407
Risk for the item
The risk of the item passes to the customer when the item has been assumed by the customer in accordance with the agreement. If the time of delivery has come and the customer does not take charge of an item that has been made available to him according to the agreement, the customer still bears the risk of loss or damage due to the characteristics of the item itself.
Right of withdrawal
The customer can cancel the purchase of the item in accordance with the provisions of the Cancellation Right Law. The right of withdrawal means that the customer can return the merchandise to the store without any reason, even if it does not have any defects and even if it has not been delivered. The customer must notify the store of the use of the right of withdrawal within 14 days after receipt of the items, the prescribed information on the right of withdrawal and the right of withdrawal form.
If the customer receives the withdrawal form and the necessary information after the delivery of the items, the withdrawal period begins to run from the day the customer receives the right of withdrawal form and the information. If the customer has received sufficient information or a right of withdrawal form, the withdrawal period will expire 3 months after receiving the goods but if the customer has not received any information about the right of withdrawal, the period will be 1 year.
The customer’s notification to the store about the use of the right of withdrawal must be in writing (right of withdrawal form, email or letter), and must contain information on how the customer wishes to return the merchandise to the store.
The customer must return the items or hand them over to the store, if the store has not offered to collect the goods, no later than 14 days after notification after the right of withdrawal has been granted.
If the customer has expressly chosen an other type of delivery than the standard delivery offered by the store, the store will not pay the additional costs that this entails.
Refunds for the products will be paid to the customer when the returned order is physically received at our warehouse. We will issue a refund using the same method used for the order. In some cases, the customer must inform Avanti Cavalli of their bank account details (IBAN/SWIFT) in order to get the money back. Postage will be refunded to the customer if the order is canceled in its entirety
The customer must bear the cost of returning the merchandise if the right of withdrawal is used.
The customer can examine the product before regretting the purchase. The item must still be able to be returned to the store in the same condition and quantity as it was when the customer received it. The store may require the consumer to make up for any reduction in value as a result of customer handling of the items that was not necessary to determine the nature, characteristics and function of the items.
The customer must return the item to the seller in the original packaging if possible. The customer cannot regret the purchase of items that deteriorate quickly, items that for reasons of health protection or hygiene are not suitable for return, or sound and image recordings (including CDs, DVDs) or computer programs where the seal has been broken.
Examination Of The Item
When the customer receives the item, it is recommended that they reasonably examine whether it is in accordance with the order, whether it has been damaged during transport or whether it is defective. If the item does not correspond to the order or has defects, the buyer must notify the store in case of complaint, cf. the clause of the contract on “Claims in case of defects and term to communicate claims in case of delay”.
Complaint In Case Of Defect And Deadline For Reporting Claims In Case Of Delay
If there is a defect in the merchandise, the customer must notify the store, within a reasonable time after discovering it, that he wants to claim the defect. The term can never be less than two months from the time the consumer discovered the defect. Complaints must still be filed no later than two years after the customer took delivery of the item. If the product or parts of it are intended to last much longer, the complaint period is five years. In case of delay, claims must be made to the store within a reasonable time after the delivery time has arrived and the item has not been delivered. If the item has been paid for by credit card, the customer may also choose to advertise and submit a claim directly to the creditor (credit card company). The message to the seller or credit provider must be in writing (email, fax or letter).
Customer rights in case of delay
If the store does not deliver the item or delivers it late in accordance with the agreement between the parties, and this is not due to the customer or to conditions on the part of the customer, the customer may, in accordance with the rules of Chapter 5 of the Consumer purchase law, retain the purchase price, demand compliance, terminate the contract and demand compensation from the store.
Fulfillment: If the store does not deliver the merchandise at the time of delivery, the customer can keep the purchase and establish a reasonable additional term for the fulfillment by the store. However, the customer may not require performance if there is an obstacle that the store cannot overcome or if performance will cause such a great inconvenience or cost to the store that it is materially disproportionate to the customer’s interest in the store’s compliance. If the difficulties disappear within a reasonable time, the consumer can demand compliance.
Cancellation: The customer can terminate the contract with the store if the delay is significant or if the store does not deliver the merchandise within the additional period of performance that the customer has set. However, the customer cannot terminate the contract while the additional period is running, unless the store has said that it will not perform within the period.
Compensation: The customer can also claim compensation for the losses he suffers as a result of the delay by the store, cf. § 24 of the Consumer Purchase Law.
The customer must report complaints to the store in the event of a complaint, cf. section of this contract relating to “Claims in the event of a defect and deadline for communicating claims in the event of delay”.
Customer rights in case of defect
If the item has a defect and this is not due to the customer or circumstances on the customer’s side, the customer can retain the purchase price, choose between rectification and reshipment, demand a price reduction, demand contract resolution and compensation by the of the store.
Correction or reshipment: If the item has a defect, the customer can require the store to correct the defect or reship the corresponding item. The store may object to the customer’s claim if the implementation of the claim is impossible or causes unreasonable costs for the store.
The store must make the correction or resend within a reasonable time. The correction or delivery must be made at no cost to the customer, without risk that the customer will not be able to cover its expenses and without significant inconvenience to the customer. The store may not make more than two attempts to correct or reship the same defect, unless there are special reasons that make additional attempts reasonable.
Even if the customer does not demand the correction or return, the store can offer the correction or return if it is carried out without delay. If the customer arranges such a rectification or reshipment, the customer cannot demand a reduction or cancellation of the price.
Price discount: If the defect is not corrected or redelivered, the buyer can demand a proportional price discount.
Cancellation: Instead of a price reduction, the customer can cancel the agreement, except when the defect is immaterial.
Compensation: The customer can also claim compensation for the financial loss he suffers as a result of the product having a defect, cf. Article 33 of the Consumer Purchases Law.
The customer must communicate the claims to the store in the event of a claim, cf. section “Claims in case of defect and term to communicate claims in case of delay” of this contract. The rules on claims apply in addition to and independently of the rules on the right of withdrawal and the guarantees provided by the store.
Store Rights in case of customer breach
If the customer does not pay or does not fulfill the other obligations under the contract, and this is not due to the store or to circumstances on the store’s side, the store can retain the merchandise, demand the fulfillment of the contract, demand the cancellation of the contract and customer compensation. The store may also require late payment interest, debt collection fees, and fees for uncollected goods that have not been paid for in advance.
Fulfillment: If the customer does not pay, the store can hold the purchase and require the buyer to pay the purchase price. If the merchandise has not been delivered, the store loses its right if it waits an unreasonably long time to make the claim. •
Termination: In the event of significant payment default or other material default by the customer, the store may terminate the contract. The store cannot be withdrawn after the purchase price has been paid.
The store may also cancel the purchase if the customer does not pay within a reasonable additional time for fulfillment set by the store. However, the store cannot withdraw while the additional term is running, unless the customer has stated that he does not want to pay.
Compensation: The store can claim compensation from the customer for the financial loss it suffers as a result of the customer’s breach of contract.
Interest on late payment/collection fee: If the customer does not pay the purchase price in accordance with the contract, the store may claim interest on the purchase price in accordance with the Interest on Late Payment Law. In the event of non-payment, the claim may, upon notice, be sent to debt collection, and the customer may then be liable for fees in accordance with the law on debt collection activities and other collections of overdue monetary claims.
Fee for uncollected and non-prepaid items: If the customer does not collect the unpaid items, the store may charge the customer a fee of NOK 500 + return shipping. The fee will cover at most the seller’s actual outlay to deliver the merchandise to the customer. This fee cannot be charged to customers under 18 years of age.