Terms & Conditions
1. General / Scope
These General Terms and Conditions of Purchase for Consumers ("GTC") apply to all purchase contracts between the Buyer and Varier Furniture AS (VAT NO989804804), Drammensveien 130, 0277 Oslo, Norway, firstname.lastname@example.org, telephone: +47 70 24 43 52 (“Varier") for all orders placed via the website www.varierfurniture.com (“Varier Web Shop”) by consumers within the EU, UK and Schengen region, excluding Poland.
A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
All agreements made between the result, in particular, from Buyer and Varier in connection with the purchase contract these GTC, Varier’s electronic order confirmation and, if applicable, Varier’s declaration of acceptance.
The version of the GTC valid at the time of conclusion of the contract shall apply.
Varier does not accept any deviating, conflicting or supplementary conditions from the Buyer. This shall also apply if Varier does not object to any terms and conditions of the buyer.
2. Conclusion of Contract
The presentation and advertising of products in the Varier Web Shop does not constitute a binding offer to conclude a purchase contract.
Varier does the utmost to ensure that photographs and renders on Varier Web Shop are as true to colour as possible. However, due to variations in monitor settings and individual differences in colour perception, the actual colour may vary slightly from the one displayed on your monitor.
The Buyer can collect products from the assortment of the Varier Web Shop via the button "add to cart" in a so-called shopping cart. Before submitting the order, the Buyer can change the collected products at any time or remove them from the shopping cart. Immediately before submitting the order, the order details will be summarized and the Buyer can check and, if necessary, change these details. The Buyer can only send the order if he has ticked the box labelled with the information "By placing your order you agree to the following terms and conditions" and thus accepted these terms and conditions.
By sending an order via the Varier Web Shop by checking out clicking the button "order subject to payment", the Buyer places a legally binding order.
Varier will confirm the receipt of the order placed via the Varier Web Shop immediately by e-mail for all products. However, “made to order” products will have a follow-up e-mail with an estimated delivery date which is concluding the contract with the Buyer.
Varier will send the order data to the Buyer and these GTC by e-mail at the latest upon delivery of the ordered products.
Varier stores the contract text. The languages available for the conclusion of the contract are German and English.
3. Delivery and availability of goods
For standard products, the delivery time is up to approx. 10 working days, dependent of freight routes, unless otherwise agreed.
For “made to order” products, the delivery time is up to 10 days after the product is completed in production. An estimated order date is confirmed by e-mail after the acceptance from the factory.
Varier delivers only by courier and the goods will be delivered at the given delivery address. If the Buyer is not present/available, the goods may be left at a pick-up point.
4. Right of Withdrawal
If the Buyer is a consumer, the Buyer shall be entitled to a right of withdrawal in accordance with the statutory provisions.
In all other respects, the provisions set out in detail in the following cancellation policy shall apply to the right of withdrawal:
Right of withdrawal
For standard products, you have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal right applies to all products except “made to order” products. (See information below regarding “made to order”.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform Varier by means of a clear notification (e.g., a letter sent by mail, or e-mail) about your decision to withdraw from this contract. See clause 4.3 for further details.
To meet the withdrawal deadline, it is sufficient that you send the notification before the expiry of the withdrawal period.
The withdrawal policy is not valid for “made to order” products. These products are made exclusively for the Buyer and cannot be returned.
Consequences of the withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.
You shall return the goods without undue delay and in any event no later than within 14 days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the period of 14 days has expired.
Varier will cover the Buyer’s direct costs of returning the goods.
Varier will cover your direct costs of returning the goods.
You are liable for any loss in value of the goods if this loss is attributable to handling of the goods that is not necessary for testing the quality, characteristics, and functionality of the goods.
- End of the Withdrawal Policy -
To exercise your right of withdrawal/cancel the contract, please send a letter or an e-mail to:
Varier Furniture AS, Drammensveien 130, NO-0277 Oslo, Norway
Please attach a copy of all relevant documents (order confirmation, invoice, etc.).
All prices stated in the Varier Web Shop are prices in local currency including the statutory value-added tax.
For some orders shipping costs might be added – see Varier Web Shop.
6. Terms of Payment
Standard products: Authentication and capturing of the full amount will be made upon check-out. The goods will be shipped immediately after the payment provider has charged the Buyer.
“Made to order” products: Authentication will be made at check-out. Capturing of the full amount will be made when the product(s) are ready for shipment. The goods will be shipped after the payment provider has charged the Buyer.
The Buyer is responsible for having available funds both at check-out and at the time of shipment of the goods. If funds are not available, a manual collecting procedure will be initiated.
Varier accepts payments by credit and debit cards or through certified e-commerce payment service providers. Varier reserves the right to exclude certain payment methods in individual cases.
There are no administrative charges or charges for the use of credit or debit cards or e-commerce payment service providers in the purchase process.
7. Retention of Title
The delivered products remain Varier’s property until full payment of the purchase price.
8. Transport damage
If products are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact Varier immediately. Failure to make a complaint or contact Varier has no consequences for the Buyer’s legal claims and their enforcement, especially the Buyer’s warranty rights. However, they help Varier to be able to assert claims against the carrier or the transport insurance.
9. The Buyer’s rights in case of defects (Warranty rights)
Varier provides warranty for manufacturing or material defects (“Defects”) in accordance with the statutory provisions.
However, Varier shall only be liable for damages in accordance with clause 10.
Varier shall not be liable for product failures resulting from accidents that do not result from any Defects that fall within the control sphere of Varier, or from misuse, improper care, or normal wear and tear. Please note that while the Varier products deliver outstanding color, design, and individuality, fading of the natural materials and the garment is normal and may occur over time.
A guarantee exists for the products delivered by Varier only if Varier has expressly given this guarantee in the order confirmation for the respective product, or when the customer registers the product in Varier’s warranty database (https://www.varierfurniture.com/guarantee).
10. Liability for damages
Varier shall be liable in accordance with the statutory provisions
a) in cases of malice, intent, or gross negligence,
b) in cases of injury to life, limb, or health
c) in the context of a possibly expressly provided guarantee and
d) in cases in which the prerequisites for liability under statutory product liability provisions are met.
Varier shall furthermore be liable in cases of simple negligence due to the breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely (so-called cardinal obligation). In this respect, liability is limited to the foreseeable, typically occurring damage. The limitation of liability pursuant to sentence 2 of this clause 10.2 shall not apply in cases of injury to life, limb, or health, within the scope of any expressly provided guarantee as well as in cases in which the prerequisites for liability on Varier`s part pursuant to statutory product liability provisions exist.
Any further liability is excluded.
The above provisions on the limitation of liability shall also apply to breaches of duty by Varier’s legal representatives and vicarious agents as well as to the personal liability of Varier’s employees, representatives, and bodies.
11. Set-off and retention of Claims
The Buyer may only offset claims that are undisputed or have become finally resolved by a competent body. The Buyer may only assert a right of retention if it is based on undisputed or legally established claims from the same contractual relationship.
12. Force Majeure
Neither the Buyer nor Varier have any influence on unforeseen events. None of the parties, therefore, is liable for the non-performance of the agreement due to circumstances which it was impossible to foresee, and such event prevents or materially obstructs or delays the performance (force majeure), including force majeure events by a sub-contractor. This applies, however, only to the extent and as long as said circumstances prevents either party from meeting its obligations under this agreement.
13. Alternative dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. Varier is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final provisions
The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded.
The contract shall remain effective in its remaining parts even if individual provisions are legally ineffective. The invalid provisions shall be replaced by the statutory provisions. The same applies in case of eventual loopholes.
Varier handles personal data in accordance with prevailing data protection legislation and the privacy notice https://www.varierfurniture.com/privacy-policy