TERMS AND CONDITIONS
Effective from 01/04/2024
1. General
These terms apply to the purchase of goods (Goods) and services (Services) from Salubi AS (Salubi, we, or Seller).
For the purchase of Goods, the terms for consumer purchases of goods over the Internet apply. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with non-negotiable rights. The laws are available at www.lovdata.no.
The purchase of Services, either alone, in conjunction with, or in addition to Goods, is exclusively governed by the following sales and service terms.
Disclaimer
Monitoring of Salubi's services and sensors does not guarantee that all unforeseen incidents will be detected. It is therefore important that both users and relatives remain attentive to abnormal events. Salubi's services are intended to enhance the safety of those using them. However, the ultimate responsibility for the individual's safety rests with the individual.
2. Membership
Salubi operates on a subscription basis (Membership) that provides you (you or Buyer) access to Goods and Services from Salubi.
The Buyer enters into an agreement (Agreement) with the Seller by purchasing Membership from Salubi. By purchasing Membership and using Goods and Services, you accept these sales and service terms.
3. Ordering
Membership is purchased through the Seller's website or app. Goods and Services can be purchased additionally, and they will be included in the Membership.
4. Prices and Payment
The stated price for Goods and Services is the total price the Buyer shall pay. This price includes all fees and additional costs. Additional costs that the Seller has not informed the Buyer of before the purchase shall not be borne by the Buyer.
The Buyer can pay for Membership, Goods, and Services with a credit card or Vipps.
4.1 Payment Solutions
4.1.1 Credit card/payment card
Salubi offers card payment in collaboration with our partner Periode. The Buyer can pay with most debit/credit cards. Choose the credit card/payment card you want to pay with at checkout and fill in the required fields. Once the order is placed, the card will be registered, and you will be asked to approve the payment via 3D Secure. This process is carried out by the bank and is a requirement in a new EU directive from 2021. If you have trouble completing the payment, we will ask you to kindly contact your bank.
4.1.2 Vipps
Vipps is a mobile payment service where the Buyer can easily, quickly, and securely transfer money. You can pay for your purchase with Vipps by logging into your Vipps app and entering the payment details. The purchase is approved by pressing "Pay." The money is deducted from the card associated with Vipps. If you have trouble completing the payment, we will ask you to kindly contact Vipps or the bank where you obtained your card.
5. Agreement
The Agreement is binding on both parties when the Buyer has placed their order with the Seller. However, the Agreement is not binding if there has been a typographical or typographical error in the Seller's offer in the ordering solution on the website or app or in the Buyer's order, and the other party realized or should have realized such an error. The Seller reserves the right to use subcontractors to fulfill its obligations under the Agreement.
6. Specific Terms for Goods
6.1. Responsibility for Goods
As part of the Salubi Membership, Goods for digital monitoring of the Buyer's health are offered.
Goods are owned by the Seller, and the Buyer borrows the goods upon purchasing the Membership.
The Buyer can choose between installing the Goods themselves or purchasing installation through the Seller when ordering the Membership.
If the Buyer chooses to install the Goods independently, without the use of the Seller's installers, the Seller shall not be liable for the loss of Services solely due to errors in the installation of the goods.
Upon returning the Goods to the Seller, the goods should be in good condition. Any damages beyond normal wear and tear may be charged to the Buyer. In the event of non-return, the Seller may invoice the Buyer for the value of the goods, deducting normal wear and tear and use.
The Buyer shall promptly notify the Seller if any damage or defects occur to the Goods or if the Goods are lost during the loan period. Repair or replacement of defective Goods shall be charged to the Buyer unless the defect is due to circumstances for which the Seller is responsible. Repairs shall be carried out by the Seller or by a party appointed by the Seller.
The Buyer is responsible for costs and risks associated with transporting the Goods for repair or exchange. The Seller shall not be liable for defects or deficiencies in the Goods if the damage is due to external influences, including power supply failure, lightning strikes, or other circumstances beyond the Seller's control.
The Buyer cannot make changes to the setup or operating system of the Goods. Changes may result in the loss of access to Services.
6.2 Delivery and Risk
Upon ordering Goods, delivery has occurred when the Buyer has taken possession of the item, cf. the Consumer Purchase Act.
If the delivery time is not specified in the ordering solution, the Seller shall deliver the goods to the Buyer without undue delay and no later than 30 days after ordering. The Goods shall be delivered to the Buyer unless otherwise specifically agreed between the parties.
The risk of the goods passes to the Buyer when the goods have been delivered to you in accordance with the Consumer Purchase Act.
6.3 Deficiency - Buyer's Rights and Complaint Deadline
If there is a deficiency in the Goods, the Buyer must notify the Seller within a reasonable time after it was discovered or should have been discovered, cf. the Consumer Purchase Act.
In the case of a complaint regarding goods, the Buyer has always complained in time if it occurs within 2 months from when the deficiency was discovered or should have been discovered.
A complaint can be made up to two years after the Buyer took over the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint deadline is five years.
If the goods have a defect and this is not due to the Buyer or circumstances on the Buyer's side, the Buyer may, in accordance with the rules in Chapter 6 of the Consumer Purchase Act, under the circumstances, withhold the purchase price, choose between correction and replacement, demand a price reduction, demand cancellation of the agreement, and/or demand compensation.
Complaints to the Seller should be made in writing.
6.3.1 Correction and Replacement
The Buyer can choose between demanding the defect to be corrected or delivery of equivalent Goods. However, the Seller may oppose the Buyer's claim if fulfilling the claim is impossible or entails unreasonable costs for the Seller. Correction or replacement shall be carried out within a reasonable time. In principle, the Seller is not entitled to make more than two attempts to remedy the same defect.
6.3.2 Price Reduction
The Buyer may demand an appropriate price reduction if the Goods are not corrected or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the goods in a defective and contractual condition. If there are special reasons for it, the price reduction may instead be equal to the significance of the defect for the Buyer.
6.3.3 Termination
If the goods are not corrected or replaced, the Buyer may terminate the purchase when the defect is not insignificant.
6.4 Delay and Non-delivery - Buyer's Rights and Deadline for Claim Notification
If the Seller fails to deliver the Goods or delivers them late according to the Agreement between the parties, and this is not due to the Buyer or circumstances on the Buyer's side, the Buyer may, under the rules in Chapter 5 of the Consumer Purchase Act, under the circumstances, withhold the purchase price, demand performance, terminate the agreement, and/or demand compensation.
For claims for breach of contract, the notification should be in writing (for example, via email).
6.4.1 Performance
The Buyer can insist on the purchase and demand performance from the Seller. However, the Buyer cannot demand performance if there is an obstacle that the Seller cannot overcome, or if performance would entail such a significant inconvenience or cost for the Seller that it is in substantial disproportion to the Buyer's interest in performance. If the difficulties are resolved within a reasonable time, the Buyer can still demand performance.
The Buyer loses the right to demand performance if they unreasonably delay making the claim.
6.4.2 Termination
If the Seller does not deliver the Goods at the delivery time, the Buyer shall urge the Seller to deliver within a reasonable additional period for performance. If the Seller does not deliver the Goods within the additional period, the Buyer may terminate the purchase.
However, the Buyer may terminate the purchase immediately if the Seller refuses to deliver the Goods. The same applies if delivery at the agreed time was crucial for the conclusion of the Agreement, or if the Buyer has informed the Seller that the delivery time is crucial.
If the Goods are delivered after the additional period set by the Buyer or after the delivery time that was crucial for the conclusion of the Agreement, claims for termination must be asserted within a reasonable time after the Buyer became aware of the delivery.
6.4.3 Compensation
The Buyer may claim compensation for suffered losses due to the delay. However, this does not apply if the Seller proves that the delay is due to circumstances beyond the Seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
7. Specific Terms for Services
7.1 Responsibility for Services
Healthcare professionals providing healthcare services through the Services have a statutory responsibility to ensure that the healthcare meets the requirements of professional competency and compassionate care.
Salubi is not liable for Services being unavailable when this is due to:
Illness,
Errors or issues related to the Buyer's hardware, other equipment, network, software, or errors in third-party software that Salubi fails to rectify despite attempted correction,
Other circumstances for which the Buyer is responsible according to these terms,
Viruses or other security breaches that occur despite Salubi establishing suitable security measures,
Defects in Goods caused by the Buyer, or
Circumstances beyond Salubi's control, cf. point 12 of these terms.
If the Services are unavailable, you can contact us via email at post@salubi.no or send us a message in the app. Errors will primarily be addressed through attempts at rectification, provided that this can be done without unreasonable cost or effort. Salubi reserves the right to rectify errors at its own expense, provided that this can be done without unreasonable cost or inconvenience to the Buyer. If an error cannot be rectified, the Buyer is entitled to a reasonable price reduction or compensation for any direct economic loss that can be documented.
If the Buyer considers there to be deficiencies in the Services, including the Seller not fulfilling obligations under the Agreement, the Buyer must notify Salubi via email at post@salubi.no or in the app within a reasonable time. The Seller must then remedy any breach without undue delay.
In the event of a breach of contract by the Seller, the Buyer is entitled to a refund. However, Salubi is not responsible for incidents or other costs resulting from breaches of the Agreement.
7.2 Provision of Services
Following the purchase of Membership and/or Services, Salubi is obligated to provide Services within the agreed-upon timeframe.
8. Seller's Rights in Case of Buyer's Default
If the Buyer fails to pay or fulfill other obligations under the Agreement or the law, and this is not due to the Seller or circumstances on the Seller's side, the Seller may withhold the goods or services, demand fulfillment of the Agreement, terminate the Agreement, and claim compensation from the Buyer. The Seller may also, under the circumstances, demand interest for late payment, collection fees, and a reasonable fee for uncollected goods.
8.1 Fulfillment
The Seller may insist on the purchase and demand that the Buyer pays the purchase price. If the Goods or Services are not delivered, the Seller loses this right if the claim is unreasonably delayed.
8.2 Termination
The Seller may terminate the Agreement if there is a material default in payment or other material breach by the Buyer. However, the Seller cannot terminate the purchase of Goods if the entire purchase price has been paid. If the Seller sets a reasonable additional deadline for fulfillment and the Buyer does not pay within this deadline, the Seller may terminate the purchase.
It is only permitted to use the Services in accordance with the Agreement. This means that the Buyer does not have the right to exhibit harassing, discriminatory, or rude behavior when using the Services.
If the Seller discovers or suspects that the Services are being used in violation of the Agreement, it may lead to suspension and/or termination of Membership and immediate cessation of delivery of Goods and Services. The same applies if Salubi assesses that the Buyer's health or life situation makes it unreasonable to perform the ordered services. Salubi will provide information with a rationale as to why we believe the Agreement has been breached or it would be unreasonable to deliver services.
8.3 Interest on Late Payment/Collection Fee
If the Buyer does not pay the purchase price in accordance with the Agreement, the Seller may demand interest on the purchase price according to the Delayed Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to collection. The Buyer may then be held responsible for fees under the Collection Act.
8.4 Fee for Uncollected Non-Prepaid Good
If the Buyer fails to collect unpaid Goods, the Seller may charge the Buyer a fee. The fee shall cover the Seller's actual expenses for delivering the goods to the Buyer at most.
9. Right of Withdrawal
Right of Withdrawal
Upon purchase of Membership, including Goods or Services, the Buyer has a right of withdrawal, in accordance with the Consumer Right of Withdrawal Act.
The Buyer agrees that there is no right of withdrawal for Services that have been fully provided, cf. the Consumer Right of Withdrawal Act ยง 22, first paragraph c.
The Buyer must notify the Seller of the use of the right of withdrawal within 14 days from the commencement of the deadline. All calendar days are included in the deadline. If the deadline falls on a Saturday, public holiday, or holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered adhered to if the notification is sent before the expiry of the deadline. The Buyer bears the burden of proof that the right of withdrawal has been exercised, and therefore the notification should be made in writing (withdrawal form, email, or letter).
The withdrawal period commences:
For the purchase of individual Goods, the withdrawal period starts from the day after the receipt of the good(s).
If the purchase consists of multiple deliveries, the withdrawal period starts from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the Seller does not inform about the right of withdrawal and provide a standardized withdrawal form before the conclusion of the agreement. The same applies in case of failure to inform about the conditions, deadlines, and procedures for using the right of withdrawal. If the Seller provides the information during these 12 months, the withdrawal period expires nevertheless 14 days after the day the Buyer received the information.
Upon exercising the right of withdrawal, the Goods must be returned to the Seller without undue delay and no later than 14 days from the notification of the exercise of the right of withdrawal. The Buyer covers the direct costs of returning the goods unless otherwise agreed or the Seller has failed to inform that the Buyer shall cover the return costs. The Seller cannot impose a fee for the Buyer's use of the right of withdrawal.
The Buyer may try or test the goods in a proper manner to determine the nature, characteristics, and function of the goods, without forfeiting the right of withdrawal. If the testing or trying of the Goods exceeds what is reasonable and necessary, the Buyer may be liable for any reduced value of the goods.
The Seller is obliged to refund the purchase price to the Buyer without undue delay, and no later than 14 days from the Seller receiving notice of the Buyer's decision to exercise the right of withdrawal. The Seller has the right to withhold payment until we have received the goods or until the Buyer has provided documentation that the goods have been returned.
10. Cancellation
Agreed appointments for a Service can be canceled up to 48 hours before the appointment starts, without cost to the Buyer. If the cancellation is due to an unforeseen event related to a changed health condition of the Buyer, the Buyer will not be charged for the appointment if it is canceled more than 12 hours before the appointment starts.
11. Termination
There is no minimum term for Membership in Salubi. Membership can be terminated with a notice period of two months, counted from the first of the month following the termination. Termination can be done by sending an email to post@salubi.no or by sending a message in the app.
12. Force Majeure
Should an extraordinary situation occur that is beyond Salubi's control, making it impossible to fulfill obligations under the Agreement, and which under Norwegian law must be considered Force Majeure, the Buyer shall be notified of this as soon as possible. Salubi's obligations are suspended for as long as the extraordinary situation lasts. The Buyer's consideration is suspended for the same period. The Buyer has the right to terminate the Membership with immediate effect if the force majeure situation lasts for over 3 months.
13. Development and Changes to Terms
The Seller reserves the right to change scope and function. Product and service development may include, but is not limited to, changes in layout, content, services, and functions, and may affect the Agreement. Such changes are notified via the website, the app, and/or via email. The current sales and service terms are available on the website and in the app. The Buyer has the right to terminate the Agreement with immediate effect if the Seller makes changes to Goods, Services, or the Agreement that significantly inconvenience the Buyer. In such cases, the Buyer is entitled to a refund for prepaid amounts for Memberships that have been ordered but not completed at the time of termination.
14. Personal Information
By purchasing Goods and Services, the Buyer accepts the current sales and service terms and the privacy policy. The data controller for collected personal information is the Seller. Unless the Buyer consents otherwise, the Seller, in accordance with the Personal Data Act, can only collect and store the personal information necessary for the Seller to fulfill obligations under the agreement. The Buyer's personal information will only be disclosed to others if necessary for the Seller to fulfill the agreement with the Buyer, or in cases required by law. The Buyer has the right to access the stored information and may request deletion of information about themselves. When purchasing Services, the Seller and the Seller's subcontractors are required to retain documentation related to journaling and consultation time and location. If there is a desire to delete information, it will only be accessible to the medically responsible party.
15. Conflict Resolution
The Agreement is governed by Norwegian law. Complaints should be directed to the seller within a reasonable time. The parties shall attempt to resolve any disputes amicably. If unsuccessful, either party may demand that the dispute be settled by the Consumer Council for the purchase of Goods or otherwise by the ordinary courts.