Terms of Sale for the Bare Dykk Online Store

1.About the terms of sale

These terms of sale apply to the purchase of goods from Bare Dykk AS through the online store at baredykk.no when the buyer is a consumer.

A consumer means a natural person who is not acting mainly as part of a business activity.

The terms do not apply to:

• Courses and certification programs
• Guided dives and boat trips
• Accommodation and dive packages
• Rental of diving equipment
• Service, repair, and cylinder inspection
• Gas filling
• Purchases made as part of a business activity

Separate contractual terms may apply to such services and purchases.

Consumer purchases are governed, among other things, by the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), the Right of Withdrawal Act (angrerettloven), the Marketing Control Act (markedsføringsloven), the E-commerce Act (ehandelsloven), and other mandatory Norwegian legislation. These terms of sale do not limit rights the customer has under the law.

2.Seller

The customer should contact Bare Dykk before returning or delivering goods in person.

3.Buyer

The buyer is the person who places the order and who is listed as the buyer in the order confirmation.

The buyer is responsible for ensuring that the name, delivery address, email address, phone number, and other information provided at the time of order are correct.

Persons under 18 years of age cannot make purchases on credit without the consent of a guardian or another valid legal basis.

4.The agreement

The agreement consists of:

• The information displayed in the online store
• The customer's order
• The order confirmation
• These terms of sale
• Any special terms stated before the order

In the event of conflict, specially agreed terms take precedence over the general terms, as long as this does not give the customer poorer rights than those that follow from mandatory legislation.

The agreement is concluded when Bare Dykk has received the order and sent an electronic order confirmation.

Bare Dykk may contact the customer if the item is out of stock, the information is incomplete, or the order contains an obvious price or typing error that the customer understood or should have understood.

5.Prices

All prices to consumers are stated in Norwegian kroner and include value-added tax where applicable.

Shipping, fees, and other charges are stated before the customer completes the order.

The total price shown at checkout is the total price the customer is to pay for the order in question, unless the customer subsequently orders additions.

In the case of a price reduction, the previous price and other price information must be shown in accordance with applicable regulations.

6.Payment

Available payment methods and any payment provider are shown at checkout.

Depending on the payment method chosen, the customer may pay by card, Vipps, invoice, or other solutions available at the time of ordering.

The payment provider's own terms may apply in addition when the customer chooses invoice, installment payment, or other credit-based solutions.

For card payments, the amount may be reserved when the order is placed. The charge is made in accordance with the payment solution and applicable rules.

Bare Dykk does not store complete card details.

7.Stock status and made-to-order items

The stock status shown in the online store is normally based on the available stock information at the time of ordering.

An item marked as made-to-order, remote stock, or expected in may have a longer delivery time. The expected delivery time is stated as far as possible on the product page or in the order confirmation.

An ordinary made-to-order item is not necessarily a custom-made item. The right of withdrawal lapses only if the item is covered by a statutory exception.

8.Delivery

Bare Dykk normally delivers to addresses in Norway.

Items that are in stock are usually processed within one to three business days. The stated delivery time is an estimate and may be affected by the carrier, holidays, weather, stock discrepancies, and circumstances beyond Bare Dykk's control.

Delivery is considered completed when the customer, or a person designated by the customer, has received the item.

The risk for the item passes to the customer upon delivery.

The customer must inspect the shipment upon receipt and contact Bare Dykk as soon as possible if the packaging or the item has visible transport damage.

9.Delay

If the item is not delivered at the agreed time, and this is not due to the customer, the customer may assert rights under the Norwegian Consumer Purchases Act (forbrukerkjøpsloven).

The customer may, among other things:

• Demand delivery
• Give Bare Dykk a reasonable additional deadline
• Cancel the purchase when the conditions for this are met
• Claim compensation for documented financial loss when the conditions of the law are met

The customer should contact Bare Dykk if an order has not been delivered within the expected time.

10.Right of withdrawal

When purchasing in the online store, the customer generally has a 14-day right of withdrawal.

The period normally begins to run the day after the customer receives the item. For an order delivered in several shipments, the period may begin to run when the last item is received.

The customer must give Bare Dykk a clear notice that the right of withdrawal is being exercised. The customer may use the withdrawal form that accompanies the order confirmation, but it is not a requirement that this particular form be used.

More information can be found on the page Right of Withdrawal, Returns, and Exchanges.

11.Complaints

If the item has a defect, the customer may file a complaint under the Norwegian Consumer Purchases Act (forbrukerkjøpsloven).

The complaint must be made within a reasonable time after the customer discovered or should have discovered the defect. A deadline of two months after the defect was discovered will normally always be sufficient.

The absolute complaint period is usually:

• Two years for items not intended to last substantially longer than two years
• Five years for items that, under normal use, are intended to last substantially longer than two years

The customer should provide:

• Order number
• Product and model
• A description of the fault
• When the fault occurred
• Photos or video if relevant

Bare Dykk may ask for the item to be sent in for inspection.

In the case of a valid complaint, the customer may be entitled to repair, replacement, price reduction, cancellation, or compensation under the rules of the Norwegian Consumer Purchases Act (forbrukerkjøpsloven).

Bare Dykk covers the necessary return costs in the case of a justified complaint.

The customer must not carry out repairs, disassembly, or modifications before the case has been resolved if this could make the inspection more difficult or worsen the damage.

12.Warranty

Any warranty from Bare Dykk or the manufacturer comes in addition to the customer's statutory right to complain.

The warranty does not limit rights the customer has under the Norwegian Consumer Purchases Act (forbrukerkjøpsloven).

The warranty terms may, among other things, set requirements for correct use, maintenance, and documented service, but such requirements do not affect the customer's statutory rights if the item had a defect.

13.Improper use and normal maintenance

Faults caused by normal wear and tear, damage, lack of maintenance, use contrary to the manufacturer's instructions, or unauthorized modifications are not necessarily a defect under the Norwegian Consumer Purchases Act (forbrukerkjøpsloven).

Diving equipment is safety equipment. The customer is responsible for using the equipment within their own training and for following the manufacturer's instructions on assembly, inspection, maintenance, and service.

14.Uncollected shipments

Failure to collect a package is not considered an exercise of the right of withdrawal.

If a shipment is not collected and is returned to Bare Dykk, the customer may be charged the actual and reasonable costs Bare Dykk has incurred for shipping, return shipping, and handling.

The costs cannot exceed Bare Dykk's documented loss.

The customer may still exercise the right of withdrawal by giving a clear notice within the applicable deadline.

15.Personal data

Bare Dykk processes personal data in accordance with applicable data protection rules.

Data is used, among other things, to:

• Process and deliver the order
• Carry out payment
• Communicate with the customer
• Handle returns and complaints
• Meet accounting and documentation requirements

More information can be found in Bare Dykk's privacy policy.

16.Reservations

Bare Dykk reserves the right regarding:

• Out-of-stock items
• Stock discrepancies
• Obvious price and typing errors
• Delays from suppliers or carriers
• Changes to products made by the manufacturer

A reservation cannot be used to set aside the customer's mandatory statutory rights.

17.Complaints and disputes

The customer should first contact Bare Dykk so that the matter can be attempted resolved directly.

If the parties do not reach agreement, the customer may contact the Norwegian Consumer Authority (Forbrukertilsynet) for mediation.

Disputes are governed by Norwegian law. The customer may bring the matter before the ordinary Norwegian courts in accordance with applicable venue rules.

18.Changes to the terms

Bare Dykk may update the terms of sale as needed.

The terms that applied when the order was placed apply to that particular purchase.