(Last updated: January 26, 2021)
These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Customer” is a reference to Consumer) through Our Family Software's web store (“Store”) at www.ourfamilysoftware.com.
1. DESCRIPTION OF PRODUCT(S) AND ACCESSORIES
Our Family Software imports and sells the following Product(s) and accessories:
The interactive board - FamilyBoard
The interactive board FamilyBoard (“Product(s)”) is a computer tablet with pre-installed software. The Product must be combined with a Subscription, subject to separate terms available on https://ourfamilysoftware.com/pages/legal.
Accessories for FamilyBoard
Accessories are described and portrayed on www.ourfamilysoftware.com.
The combination of Product(s) and/or accessories in an Order is always subject to availability and Our Family Software may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.
2. ORDER PROCESS (CONTRACT FORMATION)
These Terms, together with the Order Confirmation, form the Contract between the Customer and Our Family Software and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the order, both in the Store Checkout provided by Nets Payments. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with Our Family Software when clicking the button “Place Order” in the Checkout.
The presentation of Product(s) and/or accessories in the Store does not constitute any binding offer by Our Family Software for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer accept a binding offer for a purchase contract with Our Family Software (“Order”). Before the Customer submits the Order he/she will be able to view the details input and correct any mistakes in the information provided.
On receipt of the Order Our Family Software will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Order acknowledgement”). Please note that the Order acknowledgement does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. All Orders are subject to acceptance by Our Family Software at its discretion. If Our Family Software refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the Order is refused, Our Family Software is not responsible for any loss or delay arising out of such refusal. Our Family Software will accept the Order either by sending an acceptance notice or by dispatching the ordered Product(s) and/or accessories.
Regardless of the foregoing, an agreement will not be binding on either party if the offer from Our Family Software provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.
Our Family Software stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an "acknowledgment of receipt". It will appear on the screen once the Customer has submitted the Order to Our Family Software by clicking the "Place Order" button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.
The latest version of the Terms of Purchase is always available on https://ourfamilysoftware.com/pages/legal. The Customer may also request a copy of the Terms applicable to the Customer's Purchase by contacting Our Family Software at email@example.com.
For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any withdrawal of this Contract in accordance with Section 6 will automatically lead to termination of any Subscription.
3. PRICE AND PAYMENT TERMS
The price per unit of the Product and accessories is displayed in the Store. The total purchase price for the Product(s) and/or accessories is displayed in the Store Checkout.
The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in NOK, and where applicable include custom duties and value added tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.
Our Family Software is not responsible for any fees that the Customer's bank or payment provider may charge the Customer for the use of the Customer's credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.
The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process. The estimated dispatch and delivery date will be stated in the ordering process.
The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. Our Family Software will keep the Customer duly noted of any changes impacting the delivery of the Customer's order. Our Family Software shall not be held liable for delays in the estimated delivery date for the order.
The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. Nets Payments. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. Our Family Software shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.
Upon acceptance of Our Family Software’s logistics partner Bring’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with Bring. Our Family Software is not liable for the Customer’s failure to comply with Bring’s terms.
Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.
The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. Our Family Software reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.
The Customer may cancel the Order made as long as the request is made prior to shipment. Our Family Software will send a notice of shipment approx. 7 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. Our Family Software will process refunds within a reasonable amount of time.
Our Family Software reserves the right to cancel the Customer's Order before the shipment date at Our Family Software’s own discretion. In the event of such cancellation, Our Family Software will refund the full purchase price.
The Customer is not required to provide a reason for the cancellation. If the Customer wishes to cancel, the Customer may do so by e-mail to firstname.lastname@example.org. Cancellation requests sent after shipment are not eligible for a refund under this section.
6. THE RIGHT OF WITHDRAWAL
The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this section.
The Customer is not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in the Customer's return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to Our Family Software, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at Our Family Software’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.
If the Customer wishes to withdraw from the Contract, the Customer must notify Our Family Software by e-mail email@example.com within 30 days of delivery. Our Family Software will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by Our Family Software. Our Family Software’s return process is described on www.ourfamilysoftware.com. After the Customer has notified Our Family Software of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with Our Family Software’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. Our Family Software reserves the right to charge the Customer a shipping and handling fee.
Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.
If the Customer withdraws from this Contract in full, any Subscription Agreement between Our Family Software and the Customer will automatically be terminated.
If the Customer received any promotional or other discount when the Customer paid, any refund will only reflect the amount the Customer actually paid. Refunds under this section are made using the same method originally used by the Customer to pay for the purchase.
7. LIMITED WARRANTY
The Product(s) comes with a limited one (1) year warranty, this period starts the day after the Customer took possession of the Product(s) in accordance with Section 4. During this period, Our Family Software warrants that each Product will be free from material and workmanship defects under normal use in accordance with Our Family Software’s published user manuals and safety information. Our Family Software reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from Our Family Software.
To make a warranty claim, the Customer must within a reasonable time from the defect was discovered or should have discovered a defect, notify Our Family Software by e-mail to firstname.lastname@example.org providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). Our Family Software will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.
If Our Family Software finds that the defect is covered by the limited warranty of this Section 7, Our Family Software may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At Our Family Software’s sole discretion, refurbished Product(s) may be used as replacements. Our Family Software warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace the Customer's Product will be free from defects in materials and workmanship for a period of ninety (90) days.
Our Family Software may, at its discretion, offer a partial or full refund for the defective Product(s).
There is no warranty for Product(s) that have been (i) modified, altered or adapted without Our Family Software’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by Our Family Software, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.
This limited warranty is extended to and applied to all accessories developed and sold by Our Family Software on www.ourfamilysoftware.com.
Nothing in this section affects the Customer's legal rights under mandatory consumer legislation, which applies in addition to the warranty. According to the Norwegian consumer purchase act of 2002, the Customer must notify Our Family Software of defects claims within reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after the Customer took possession of the relevant product. For products or parts of products that are meant to last substantially longer with normal use, the deadline for notifying Our Family Software of defects is five years from the consumer took possession of the relevant product.
If any Product(s) and/or accessories the Customer's order is damaged or faulty when delivered to the Customer or has developed a fault, the Customer may have one or more legal remedies available to the Customer in addition to this limited warranty, depending on when the Customer makes Our Family Software aware of the problem, in accordance with the Customer's legal rights. If the Customer believes a Product was delivered damaged or faulty or has developed a fault, the Customer should inform Our Family Software as soon as possible, preferably in writing, giving the Customer's name, address and order reference.
8. END-USER CUSTOMERS ONLY
Our Family Software sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from Our Family Software for resale, and Our Family Software reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.
9. OUR FAMILY SOFTWARE'S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER
In the case of non-payment under Section 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., Our Family Software will retain the goods until payment is completed.
Our Family Software may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.
In the event that the Customer receives the Product(s) and/or accessories before payment has occurred, Our Family Software may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, Our Family Software may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.
Our Family Software may also claim compensation for any direct loss Our Family Software suffers as a result of a breach on the part of the Customer.
The Customer may not transfer or assign any or all of the Customer's rights or obligations under this Contract.
All notices given by the Customer to Our Family Software must be given in writing to the e-mail set out at the end of these terms. Our Family Software may give notice to the Customer at either the email or postal address the Customer provides to Our Family Software when placing an order.
If Our Family Software fails to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with Our Family Software's express written consent.
Our Family Software reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on https://ourfamilysoftware.com/pages/legal.
11. PERSONAL DATA
Our Family Software is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.
12. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW
These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of Norway.
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, Our Family Software’ s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail email@example.com.
If the Customer wishes to obtain an additional copy of the Terms that the Customer has accepted, Our Family Software will submit this to the Customer upon request.
The Customer may further submit a complaint to the Norwegian Consumer Council. For more information, please see forbrukerradet.no.
The Customer may also raise a claim for the ordinary Norwegian courts.
Alternatively, the Customer also has a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at http://ec.europa.eu/consumers/odr/provides.
The seller and supplier of the Product(s) and accessories is Our Family Software AS, incorporated in Norway under organization number 923 474 390. Our Family Software is registered in the Register of Business Enterprises in Norway.
Our Family Software’s contact information:
Address: Fidjeåsen 169, 4639 Kristiansand S, Norway
Phone no.: 0047 38 10 40 10