Terms of purchase
Updated 26.02.12.
Introduction
These terms and conditions apply to all purchases and subscriptions made on our websites (hereinafter "the Website"):
www.smartfish.no
www.smartfishsports.com
Together with your order, these terms and conditions constitute the complete contractual basis for the purchase when you shop on the Website. The terms in this agreement do not limit your statutory rights under consumer protection legislation. The terms are supplemented by relevant legislation governing the sale of goods between businesses and consumers.
Customers must be at least 18 years old to make purchases via the Website. These terms become binding on both parties once you have submitted your order to us. However, the terms are not binding if a typographical error or input error has occurred in our offer on the Website or in your order, and the other party understood or should have understood that such an error had occurred.
1. Parties
The seller is Smartfish Sports Nutrition AS, organization no. 934 838 890, address: Mustads vei 1A, 0283 Oslo, Norway.
The seller can be contacted at hi@smartfishsports.com, and will hereinafter be referred to as "Smartfish", "we", "us", or "our".
The buyer is the consumer who places the order, hereinafter referred to as "buyer", "customer", or "you".
2. Products
We sell food and dietary supplements. The products are subject to current regulations for the sale of dietary supplements. The products are intended for adults and should be used according to the enclosed instructions. Our products are approved for sale in Norway. All products sold on the Websites are dietary supplements and should not be used as a substitute for a varied diet.
The recommended daily dose indicated on the packaging should not be exceeded. If you are pregnant, breastfeeding, suffer from an illness, or are undergoing medical treatment, you should always consult a doctor before using our products. We do not provide any guarantees for health or fitness results.
3. Prices and ordering
All prices are shown including value-added tax (VAT) and any customs duties.
Currency follows the currency of the delivery country. Upon ordering, an order confirmation will be sent directly to the customer's provided email address as proof of purchase.
We reserve the right to price errors and changes due to altered VAT rates, abnormal currency fluctuations, or changes in purchase prices. In the event of obviously incorrect pricing, we reserve the right to cancel the order.
4. Payment
Our payment options include ShopPay, Amex, Apple Pay, Google Pay, Klarna, Mastercard, PayPal, UnionPay, and Visa. For card payments, the amount is reserved on your card upon order. When the item is shipped from us, the amount is charged, and the reservation is removed.
When choosing a payment method, the customer is bound by the payment provider's current standard terms and conditions.
5. Delivery
We currently only deliver to Norway. Standard delivery time is 2–5 business days from when the item(s) leave our warehouse. Delays may occur and do not entitle the customer to compensation. If delivery does not take place, the customer may cancel the purchase in accordance with applicable consumer legislation. You will receive an email notification when your order has been shipped.
If you discover transport damage upon receipt, you must:
- Document the damage with photos (packaging and product)
- Return the product and contact customer service
Any damage discovered upon unpacking must be reported to customer service within 3 business days of receipt.
6. Subscription
We offer subscriptions with flexible deliveries – either monthly or every other month. The price per delivery follows the current price stated on the Website. There is no lock-in period for subscriptions. The buyer accepts that the subscription is renewed automatically without notice. Cancellation must be made no later than 14 days before the next delivery. Subscriptions can be managed by logging in or contacting customer service.
By accepting this agreement, you also agree that a credit check may be performed, and acknowledge that we may cancel the sale if the credit check is not approved.
7. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, you may cancel the purchase in accordance with the Cancellation Act. For health and hygiene reasons, the right of withdrawal only applies to products that are intact, undamaged, and unopened.
To exercise your right of withdrawal, you must contact customer service via email at hi@smartfishsports.com and submit a completed cancellation form, which can be found below. The cancellation period is 14 days from the day you received the item. If the deadline falls on a Saturday, public holiday, or official day off, the deadline is extended to the next business day. The deadline is considered met if the notification is sent before the deadline expires. You bear the burden of proof that the right of withdrawal has been exercised, and written notification (form, email, or letter) is recommended.
The cancellation period starts:
- For single items: the day after the item(s) are received.
- For subscriptions or regular deliveries of identical items: the day after the first delivery is received.
- For purchases with multiple deliveries: the day after the last delivery is received.
When exercising the right of withdrawal, the products must be returned to us in the same condition as received, without undue delay and no later than 14 days after the cancellation notification was sent. We may require you to cover direct return costs. We recommend using trackable shipping for returns. We are not responsible for returns that do not reach us. Refunds will be made using the same payment method as was used for the purchase, within 14 days after we have received the return. Any shipping costs from the original order will not be refunded if only part of the order is returned.
8. Customer's rights in case of defects
You have the right to claim for defects or faults not caused by you, in accordance with applicable consumer legislation. Claims must be submitted within a reasonable time after the defect was discovered or should have been discovered, by contacting customer service at hi@smartfishsports.com. Products subject to a claim must be returned according to the procedure described in section 7. We cover return costs for defective goods. Once we have received the product(s), we will send a replacement within a reasonable time if the conditions are met. If the item cannot be replaced, you may cancel the purchase if the defect is not insignificant.
If you experience side effects from using our products, this must be reported to hi@smartfishsports.com.
Any claims for damages resulting from product defects are limited in accordance with applicable consumer legislation.
9. Force majeure
We are not responsible for delays or non-delivery due to circumstances beyond our reasonable control. This includes, but is not limited to, natural disasters, war, strikes, lockouts, transport disruptions, import or export bans, fires, pandemics/epidemics, government orders, or supplier failures. We will notify the customer and take reasonable measures to limit the effects of a force majeure event. If delivery cannot be made within a reasonable time, both parties have the right to cancel the purchase without liability.
10. Personal data
Smartfish is the data controller for personal data collected in connection with your purchase. You can read more about how we process personal data in our privacy policy.
11. Governing Law and Dispute Resolution
The contractual relationship with the customer, as well as these general terms and conditions, are subject to Norwegian law. Any disputes arising in connection with the contractual relationship shall be sought to be resolved amicably. If the parties fail to reach an agreement, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be reached by phone at +47 23 400 600 or via www.forbrukertilsynet.no.
The European Commission's online dispute resolution (ODR) platform can also be used, especially if you are a consumer residing in another EU country. Complaints can be submitted here: http://ec.europa.eu/odr.
Consumers always retain the right to bring the matter before the courts in their home country in accordance with applicable EU/EEA rules on consumer rights.
12. Changes to terms
We reserve the right to change these terms for subscription services, for example due to unforeseen circumstances, increased costs, market developments, government decisions, changes in laws or regulations, or product updates. If the changes are of significant importance to you and the products you have purchased, we will inform you by e-mail and give you the opportunity to terminate the agreement with effect from the time the changes come into force.
13. Language
These terms are available in Norwegian as the primary language. Translations may be provided, but in the event of any discrepancies, the English version shall prevail over translated versions.