Terms of sale

The agreement consists of these terms, the information given about the work at the time of ordering, and any separately agreed terms. Where these conflict, separately agreed terms take precedence, provided they do not conflict with mandatory law.

The agreement is supplemented by the Norwegian Consumer Purchases Act, the Right of Withdrawal Act and other applicable legislation.

The seller is INGEMUNDSEN, run by Bjørn Rune Ingemundsen, Smørblomstvegen 66, 4056 Tananger, Norway. Company registration number 935 515 211. Email studio@ingemundsen.com.

The buyer is the person named as buyer in the order. These terms apply to consumer purchases. If you buy in the course of business, the right of withdrawal and the consumer purchase rules do not apply.

Prices are stated in Norwegian kroner beside each work and are the total price of the work.

The sale is exempt from Norwegian VAT under section 3-7(4) of the VAT Act, which covers an artist's sale of their own original works. No VAT is added.

Shipping is charged in addition and is shown before you confirm the order. If you buy from outside Norway, customs duty and import taxes may apply in the destination country. These are paid by you and are not included in the price.

The agreement is binding on both parties once the order has been submitted and registered by the seller.

The agreement is not binding where there has been a typographical or input error in the offer or the order, and the other party realised or ought to have realised that such an error had occurred.

Each work exists in a single copy. Should the same work be sold twice in error, the order registered first prevails. The other buyer is refunded in full.

Payment is made by Vipps or by payment card (Visa or Mastercard) when you complete your order.

The amount is charged immediately, that is, before the work is dispatched. The default rule in section 38 of the Norwegian Consumer Purchases Act is that payment may not be claimed before delivery, but the Act allows the parties to agree otherwise — and payment in advance is what is agreed here, as is usual in online retail.

If the work is nevertheless not dispatched, or you use your right of withdrawal, you get the full amount back. See points 8 and 9.

The work is sent to the address you give when ordering. The seller dispatches the work within 5 working days of payment being registered. How long it then takes to arrive depends on which carrier is used and where it is going — usually a few working days within Norway, longer abroad. You will receive a tracking link once the work has been sent, so you can follow the shipment. You will be told if substantially longer is expected.

A telephone number is required. It is used for the shipment — the carrier sends you a text message when the parcel arrives — and for nothing else.

The work is shipped unframed. Frame and mount are not included, including where the site shows the work framed as an illustration.

The works are fixed, that is, treated with a binder that holds the charcoal to the paper. Fixing reduces rubbing but does not remove it entirely. The work should therefore be handled by its edges and framed behind glass with a mount, so that the glass does not rest against the paper.

If a work is larger than can be sent as a standard parcel, it cannot be ordered online. Shipping is then arranged directly with the seller.

You may also collect the work from the seller by arrangement, in which case no shipping is charged.

Risk passes to you when the work has been taken over by you or by a carrier you have engaged. Where the seller sends the work by a carrier the seller has chosen, risk passes only when the work has been delivered to you.

You have a 14-day right of withdrawal under the Norwegian Right of Withdrawal Act. The period runs from the day after you received the work.

To use your right of withdrawal, tell the seller within the period. The message must be clear, but not formal — an email is enough. The withdrawal form comes with your order confirmation and may be used if you wish.

The work must be returned without undue delay and no later than 14 days after you gave notice. You may examine the work as you would in a shop, but if you use it beyond this, its value may be reduced accordingly.

You bear the direct cost of returning the work.

The seller refunds the purchase price and the original shipping cost no later than 14 days after receiving notice. The seller may withhold payment until the work has arrived, or until you have documented that it has been sent — whichever happens first.

The right of withdrawal does not apply to works made to your specifications or given a clear personal character, cf. section 22(e) of the Act. This concerns commissioned works, not works already made and offered for sale here.

If the seller does not deliver on time, and this is not due to you or circumstances on your side, you may require delivery, terminate the agreement or claim damages under chapter 5 of the Consumer Purchases Act.

Since the amount has already been paid, you get your money back if you terminate.

On termination, the full amount is refunded.

A defect means that the work does not correspond to what was agreed, or to what you had reason to expect from the description. The defect must have been present at delivery, including where it only becomes apparent later. The right to complain is therefore not a guarantee that the work will remain unchanged.

If the work is defective, you must notify the seller within a reasonable time after you discovered or ought to have discovered the defect. This period is never shorter than two months from discovery.

The complaint period is five years. An original work is, in ordinary use, intended to last considerably longer than two years, and the five-year period under section 27 of the Consumer Purchases Act therefore applies.

If a defect appears within two years of delivery, it is presumed to have been present at delivery unless the seller proves otherwise. After two years, it is for you to show that the defect was present at delivery. This follows from section 18, second paragraph, of the Consumer Purchases Act.

Where there is a defect you may require repair, claim a price reduction, terminate the agreement or claim damages.

Replacement is rarely possible here, because each work exists in a single copy. In practice a price reduction or termination will usually be the relevant remedy — and since the amount is paid in advance, termination means you get your money back.

Charcoal on paper is a fragile material, even when fixed. That the charcoal may rub slightly if touched, that the paper ages, and damage caused by light, damp, handling or framing after delivery, are properties of the material and are not defects.

Payment is made when you order, so no unpaid balance can arise. The only thing that can go wrong on your side is that the work is not collected or not accepted.

If you have chosen collection and do not collect the work as agreed, or a shipment is returned because it was not accepted, the seller will look after the work and let you know. The seller may claim reimbursement for necessary costs of storage and of sending the work again.

This is not the same as the right of withdrawal. If you want to cancel the purchase, use the right of withdrawal in point 8 — then you get your money back.

The seller gives no guarantee beyond your statutory rights. A guarantee never limits your rights under the law.

Every work is an original signed by the artist. There are no prints or reproductions of the works sold here.

The seller is the data controller. Data is used only to complete the purchase and meet the seller's obligations, and is not disclosed to anyone beyond those necessary for delivery and accounting.

See the privacy notice for what is processed, how long it is kept, and what rights you have.

Complaints should be made to the seller within a reasonable time. The parties should attempt to resolve the dispute amicably.

If that fails, you may bring the matter before the Norwegian Consumer Authority, which mediates between the parties. If no agreement is reached, the case may be brought before the Consumer Disputes Commission.

If you are buying from another EEA country, you can find the dispute resolution body in your own country in the European Commission's register: consumer-redress.ec.europa.eu/dispute-resolution-bodies