THE Hammerstroke – Terms and Conditions of Supply

Short Version: We are here for YOU! In other words, we will do our best to serve you as our customer. As tool-lovers ourselves we do not want to sell anything that we wouldn’t be satisfied with. If you for some reason aren’t satisfied you really need to let us know. We take every complaint (the few we’ve had in Norway) seriously and will only keep on selling a tool if it meets our high expectations. Everything below is written formalities that need to be in place, but we will always give you your rights or better than them, depending on the situation. We are very reasonable and try to always do what’s fair. 

All prices are excluding Value Added Taxes (VAT) and customs/import duties.

Long Version: May 2020

These “Terms and Conditions of Supply” apply to the contract we will be making when you place and order and we accept it.We might change them from time to time and your order will be subject to the current version on our website at the time when you placed the order.

These Terms and Conditions of Supply are the main legal regulations that we will abide by and that you agree to. If there is a conflict with a product or if there are any inconsistent terms in any order, confirmation of order, specification or anything else then these terms and conditions will apply and prevail over those errors and inconsistencies and no contract will have been made. 

 

  1. About us

In placing an order, you are contracting with:

       Hammerslaget AS
       Svelvikveien 61, Port D 
       3039 Drammen
       Norway
       VAT number 916369026MVA Registered in Norway in November 2015.
       Email: post@thehammerstroke.com
       Tel: +47 99648552

  1. Ordering

2.1 The way our website works is that you can put products in your shopping cart and remove them at any time without it costing you anything. You can also make arrangements with us directly on Instagram, Facebook or by email, but even then we will most likely direct you to our website to create the order. When you place an order, you are making an offer to us to buy goods.

2.2 If we would send you a quotation, it is not valid until you respond positively and we again confirm that the order is valid. First then will a contract have been made. Any quotation from us will be valid for 30 days, unless anything else is explicitly mentioned. We reserve the right to withdraw the offer before the contract has been made.

2.3 In order to place an order on your own behalf as a natural person, you must be at least 18 years old.

2.4 If you are not a natural person, but a company, you still have to be 18 years old and also have the right to bind the company to the order.

2.5. Every image, picture, description, specification or any other information on this website are here to help, but they may differ from the actual product. The most common difference will be in color where we can not control what kind of colors your screen show or what kind of lighting you will view the purchased goods in. In addition to that, we can not guarantee that every batch will have the same color. Also, remember that if a picture contains accessories to a product, like tools in a tool belt, they are not included unless clearly specified. Other times we will sell you the tool that has been displayed in our store, and it can be slightly imperfect on it’s finish. We will try to let you know beforehand and offer you to wait for a product that is new in box, but we can not guarantee that. We will not send a used tool.

2.6 Everything on our website is either ours or our suppliers intellectual property and copyright. You are not permitted to copy or reproduce anything. It is to be treated as confidential.

2.8 If we ever do any custom work for you to your specifications you shall indemnify us against all damage, loss, cost or expense because of this. It will be your duty to make sure that no lawsuit will be filed against us. If you infringe on anyone elses intellectual property, or if they claim you do, it will be your responsibility.

2.9 While we try to be as accurate as possible, all information provided is approximate and is provided in good faith. We might even be unlucky and have a typing error on a product description or on a price. 

2.10 Once your order has been confirmed and a contract made for the goods, it might be too late to change anything, or it might cause a delay or additional charges. Any custom products made for you are non-refundable.

  1. Contract Formation

3.1 When you press the checkout or confirm button (or any other button our third party suppliers will use), you are making an offer to us to buy our products. At the same time, you are committing to pay for the entire order, as well as customs and Vat in your country.   

3.2 Once you confirm your order, we willl send you a confirmation email that lets you know that we have received your order. The confrimation email will be sent to the email address you have given us when placing the order. 

3.3 When we have received and reviewed your order, we are able the fulfil it and accept it and when the goods have been picked up by our shipping courier, we will notify you again that your order has been sent. 

3.4 Sometimes we are not able to fulfil your order. That can happen if we are unknowingly sold out, if we made a pricing mistake or that the goods for some reason no longer are available. We will as soon as possible let you know, most likely by email. We will then offer you a solution. It can be a refund, you can choose to wait for a new item or you can choose a different product with the same value. Do know that a contract has not been formed in such circumstances as these described. 

3.5 By placing on order with us, you have also agreed and accepted these terms, as well as our Privacy Policyand Terms of Website Use

  1. Price

4.1 The prices on our website can and will change from time to time. When you place an order, you do so with the current prices. 

4.2 All prices quoted on our website are in EUR or NOK and DO NOT include the Value Added Tax (VAT) at your current destination, neither does it include customs. If prices are converted to different currencies, prices may varie slightly due to the currency converter.

4.3 When you confirm you order, we will have shown you your complete price, including any discount you might get and also including delivery cost. In other words, we will not be getting any more money from you. The only extra cost will be VAT and customs to your country when you receive the goods.

4.4 In the few occations we see fit to have some kind of promotion, they willl only be valid as long as they are on the website.

  1. Payment

5.1 When you confirm your order, you will be paying for the whole order. 

5.2 All our third party suppliers are secure. For payments, we use Stripe and Paypal, and they offer Visa, Mastercard and other cards. You will be directed to their own secure page which will have separate terms.

5.3 When paying with a card, the card issuer will need to authorize the payment. If it isn’t authorized, we will cancel your order and let you know that we did.

5.4 You are not permitted to create or have any delay or deduction or any thing like that on the payment.

5.5 We only regard the payment to have been received when we have cleared funds and access to the whole sum of money. 

  1. Title and Risk

6.1 We have ownership over all the goods until we have received the full payment for the order, or for any debt you may owe us. Also, then we reserve the right to dispose the goods.

6.2 We are responisble for the goods until you receive them. After that, they are your responsibility. 

6.3 As long as you haven’t received the goods yet, we and our agents have permission to store and inspect them if it would be necessary. 

  1. Delivery & Carriage Charges

7.1 As far as it is possible, we do try to send your order within 1 working day after you place the order. Occasionaly, we will have to delay that and we will let you know as soon as possible.

7.2 At the moment we are using UPS to deliver the goods you order.

7.3 Your order may be packed in more than one box and than also receieved in more than one delivery. 

7.4 We will deliver the goods with the chosen shipping method on your order. You must be present to accept delivery of your order, which is normally between 9:00am and 7:00pm Monday-Friday for consumers and 9:00am to 5 :00pm for companies. Should you choose to let the goods stay unattended, that is your choice and your responsibility if anything should happen to the goods after that. 

7.5 Should you have ordered anything heavy and the driver needs help to lift it out you need to assist the driver. If you aren’t able to, please let us know beforehand so we can arrange something else. 

7.6 Correct disposal of the package material is your responsibility. .

7.7 Should be goods be tried delivered to you twice, but you aren’t available, then we reserve the right to charge you for another delivery. The goods will be sent back to us first.

7.8 If you change the delivery address after we have sent them to you, we reserve the right to send you  a bill for the extra shipping charges.

7.9 When you receive the items, please check that everything is correct and in order. Any missing or damaged items must be reported to us at your earliest convenience, and no later than 48 hours after you receive them.

7.10 If the goods for some reason are lost or damaged during transit, please let us know as soon as possible, and always within 48 hours.

7.11 As a starndard, goods are delivered to the ground floor only. Let us know if you have any special requirements before you place the order or when you do so.

Clause 7.12 only applies where the buyer is a consumer.

7.12 If we miss a deadline for delivery you can cancel you order and we refund the money if one of the two following apply:

  • we have not delivered the goods
  • before we accepted the order you let us know that delivery before such and such a date was essential.

Clauses 7.13-7.15 shall apply only where the buyer is not a consumer:

7.13 We take pictures of all shipments. The quantities that are recorded by us is evidence of the quantity received by you unless you can prove to us with conclusive evidence anything contrary to that. 

7.14 We do not take responsibiliy for any non-delivered goods (even if it’s our fault) unless you let us know at the latest 7 days after delivery.

We shall not be liable for any non delivery of goods (even if caused by our negligence) unless written notice  is given to us within seven days of the time of delivery.

7.15 Our responsibility in regards to non-delivery of goods is limited to replacing the goods within reasonable time. We are also free to choose to give you a credit note for the same amount of money as the non-delivered goods are worth.

  1. Cancellation and Returns

8.1 You may not cancel your order if there has been made any custom modifications to it, or if it is ordered or made to you specifically. 

8.2 As a consumer, you have the right to cancel your contract up to 14 days after the day of delivery. To do this, please e-mail or write to us. We are unable to accept cancellations by phone.

8.3 You don’t have to let us know why you want to cancel an order, but communicating your reason to us can help us better serve customers in the future. 

8.4 If you cancel the order,you must return it within 14 days of cancellation. It is important that the original packaging of the goods is still intact as that can affect our ability to sell it later. Also, you are responsible for the return cost, unless we made a mistake. In that case we will arrange a free return.

8.5 When returning a package, you need to make sure that the goods are well protected against damage during shipping.

8.6 You are free to look at the goods for 14 days before you choose to cancel and return them, but once you use them you may not return any goods unless they are faulty.

8.7 If you do not take reasonable care of the goods while you have them and before they are returned to us we have the right to charge you for loss of value if there has been any damage or deterioration to the products.

8.8 After cancellation and we have received the cancelled order, we have 30 days to refund the order, including any postage but without any fees we might have been charged. We will transfer money with the same means as you did. Should only parts of the order be cancelled, we will not refund any postage fee.

8.9 You are fully responsible for the whole return shipment, including loss and/or damage, and we highly recommend that you use a service that has tracking. 

8.10 Your legal right are not affected by this cancellation policy. Example: Goods are faulty or misdescribed.

  1. Faulty Goods / Guarantee

9.1 Occasionally there will be a problem with the goods. Send us an email with a picture and description of the problem and we will deal with it. In this way you don’t necessarily have to send the goods back for inspection.    

9.2 All our products are covered by the warranties set forth by our manufacturers and cover faulty workmanship and materials. Visit their websites for full warranty (international sales may not have the same warranty as domestic sales).

9.3 If we sell anything used, it will be without any warranty.

Clauses 9.4-9.8 only apply where the buyer is not a consumer:

9.4 The warranties in clauses 9.2 or 9.8 will only appply if:

  • you let us know of the defect by email within 14 days after delivery or when it is reasonable that you should have discovered the defect and:
  • we are given enough time and opportunity to examine the products by pictures you provide to us or after receiving the goods that you send to us at your expense.

9.5 We shall not be liable for a breach of any of the warranties at clauses 9.2 or 9.8:

  • if there is more damage or detetioration to the product if you continue to use the it after giving us notice 
  • if you have not heeded to our written or oral instruction for use or maintanence and that causes damage or defect to the product.
  • if you use non-original spare parts, accessories or equipment, unless approved by us.
  • if you clean and maintain the products with anything else than a non-corrosive detergent
  • if you have problems or issues with a product after it has been changed, repaired or modified by anyone other than us or an authorized partner.
  • if you have given us specifications and the defect is caused by that
  • if you use the goods in harsh and difficult conditions (included but not limited to extreme weather climate) or in an unaccaptable and improper way and they are defective because of this 
  • if the defect is caused by normal weah and tear, neglection from your side, abuse, misuse, vandalism or any of the likings

9.6 Subject to clauses 9.4 and 9.5, if any of the goods do not conform with any of the warranties given in clause 9.2 and you somehow have a defect that is not described or thought of:

  • we are at free will to wither repair or replace the defective product or part of it.
  • if we repair it, it shall be as soon as practically possible, with using the most reasonable freight cost, also depending on availability of parts and labour
  • if it’s the case that we warrant anything under clause 9.6, then we will no longer be liable to clause 9.2

9.7 Whatever warranty you receive from us, either a repair or a replaced product, it will only be warranted for the remaining warranty period of the original purchase.

9.8 If you’ve ordered custom work from us, we do our best to make sure that such services are carried out with the right care and skill needed for the task. If there is a defect due to our negligance we will warrant it with 6 months from the date of delivery and we will only correct the extra custom work, not the original product.

The provisions of clause 9.9 apply only where the buyer is a consumer:

9.9 We are under the duty and obligation to provide you with the products that we have agreed to under these terms. Our clause 9 does not in any way, shape or form give you any lesser rights than what you have as a consumer. 

           10. Liability

11.1 The products sold on this website meet Norwegian standards and legislation. They might not meet your countries relevant legal requirements and you buy and use all our products at your own risk.

10.2 In case anything should be delayed or there is a failure in delivering of goods/or damaged goods we do not have any liability to you if it is caused by circumstances or events that our outside of our reasonable control.

Clauses 10.3 to 10.6 apply only where the buyer is not a consumer:

10.3 In subjection to what’s stated in clause 9, the following clause sets out our financial liability to you (this also includes anyone else under our umbrella, meaning eployee, agents or sub-contractors):

  • any breach of these terms and conditions and any contract made under them;
  • any representation, statement arising in connection with or from a contract made under these terms and conditions;
  • any tortious act or omission arising in connection with or from a contract made under these terms and conditions.

10.4 We do not make any warranties, terms or conditions other than what statute or common law force us to make. In other words, we “unpromise” as much as is not explicitely stated in our terms or conditions.

10.5 Nothing in these terms and conditions will take away our liability for death or personal injury that are caused by our willfilly deceitful misrepresentation. Thankfully we don’t have any such deceitful information.

10.6 Subject to the foregoing:

  • our only liability in any dealings we might have with you, in contract, tort, misrepresentation or any other things shall and will be limited to the price of the goods and/or services you have ordered.
  • we take no responsibility and are not liable to you for any indirect or consequential loss or damage (be it loss of profit, business or anything else), costs or expenses, no matter what or how they happened, no matter who caused it or when it happend, out or in connection with any contract made under these terms and conditions.
  •  when the loss or damage, cost or expense is caused by any negligent act or omission by you, we shall not be liable.

Clauses 10.7 to 10.9 inclusive shall apply only where the buyer is a consumer:

10.7 If we were to violate any of these terms and conditions, we will only be responsible for loss or damage that we can easily see is a result of our breach or negligence, where the loss or damage is an obvious consequence of the breach or where you have informed us of the breach and we haven’t changed anything.

10.8 If you are a consumer, we only wish to deal with you if you also use the tools as a consumer, i.e for domestic and private use. In addition to this, you are not allowed to use the goods for resale, business or commercial purposes and we have no financial responsibility for any loss of profit, business or opportunity suffered by you.

10.9 No matter what we write in these terms, it can never exclude or limit our liability for:

  • fraud or willfully misleading representation
  • death or personal injury caused by our negligence
  • defective products
  • any breach of the implied terms for title, quiet enjoyment, for the goods to be of satisfactory quality or fitness of purpose

11 Proof of Age and Lawful Use

11.1 We are required by law to make take precautions to ensure that we do not sell any tools that can be used as weapons (knives, axes etc) to people under the age of 18 years. We can, if we deem it necessary, use any legal method to verify your age. We will not store the results, but will register that we made a search and that you either passed or didn’t pass the age test. If we find any addititonal information about you, we will store it in accordance with our other data and is of course confidential. 

11.2 You promise and guarantee that you will only use the goods for lawful use.

12 General

12.1 If we for some reason have written these terms or part of these terms in an unlawful manner and they are found by any court, tribunal or administrative body to be wholly or partially illegal, void, voidable, unenforceable or unreasonable then we will find and follow terms that most closely apply while the rest of the terms will not be affected. 

12.2 Should we fail or be slow in our enforcement or partially enforcement of any provision of these terms and conditions or any contract made under them it will not be construed as a waiver of any of the other rights under these terms and conditions or any contract made. 

12.3 None of us really like long and boring texts. Let’s be gentlemen and women. If you’ve seriously read all the way down here, just understand that we are here to serve you. Terms and conditions are important, but if you have an issue with a product or delivery, please contact us for a solution instead of scrolling through the terms to see what kind of rights you might have. Claiming rights is never a good way to start a warranty since you will never get any thing more than whay you can claim, while if you come in good faith and in a respectable manner we will more likely offer you more than your rights. As I said; lets be gentlemen- and woman. 

12.4 In order to assign a contract made under these terms and conditions you must always first have our explicit written consent. If not, you may not assign a contract under these terms and conditions or any part of it. We on the other hand, can assign or sub contract any contract made under these terms and conditions to any person, firm or company at our own will. 

12.5 If there are circumstances beyond our reasonable control, including, but not limited to, strikes, flood, governmental action, war, lock outs, civil unrest, riot, acts of God, national emergency, explosion, fire, delays affecting carriers or inability to have stock of ordered products if one of the aforementioned events would take place more than 60 days, either party can without any other reason choose to terminate the contract and will notify the other. Also, we reserve the right to either cancel the order or delay the delivery if one or more of those events would take place.

12.6 Once a contract is established under these terms and conditions, this shall then be the entire agreement between the you and us in respect of the supply of goods by us to you.

12.7 As we are based in Norway, all terms and conditions and contracts formed under these terms and conditions are governed by and will be interpreted in accordance with the laws of Norway and all disputes will if necessary be submitted to the non-exclusive jurisdiction of the Norwegian courts.