INTRO
These terms apply to all purchases and subscriptions made on our websites, (the “Website”);
Together with your order, these terms constitute the complete contractual basis for the purchase when you shop on the Website. The terms in this agreement do not limit any statutory rights you have under consumer protection laws. The terms are supplemented by relevant legislation regulating the sale of goods between businesses and consumers.
Customers must be at least 18 years old to make a purchase via the Website. These terms become binding for both parties once you have submitted your order to us. However, the terms are not binding if there has been a typographical or input error in our offer on the Website or in your order, and the other party knew or should have known that such an error occurred.
1. PARTIES
The seller is Smartfish Sports Nutrition AS, org. no.: 934 838 890, address: Mustads vei 1A, 0283 Oslo, Norway.
The seller can be contacted at hi@smartfishsports.com, and is hereafter referred to as “Smartfish”, “we”, “us”, or “our”.
The buyer is the consumer placing the order, hereafter referred to as “buyer”, “customer”, or “you”.
2. PRODUCTS
We sell food products and dietary supplements. The products are subject to applicable regulations for the sale of dietary supplements. The products are intended for adults and should be used according to the provided instructions. Our products are approved for sale in Norway. All products sold on the Websites are supplements and should not be used as substitutes for a varied diet.
The recommended daily dose stated on the packaging should not be exceeded. If you are pregnant, breastfeeding, suffer from illness, or are under medical treatment, you should always consult a doctor before using our products. We make no guarantees regarding health or fitness results.
3. PRICES AND ORDERING
- All prices are shown inclusive of VAT and any customs duties.
- Currency follows the delivery country’s currency.
- Shipping is included for purchases above 500 NOK / 50 EUR or the equivalent in other currencies. Orders below this threshold are subject to a shipping fee.
When ordering, an order confirmation will be sent directly to the customer’s provided email address as confirmation of the purchase.
We reserve the right for pricing errors and changes due to altered VAT rates, abnormal currency fluctuations, or changes in purchase prices. In cases of clearly incorrect pricing, we reserve the right to cancel the order.
4. PAYMENT
Our payment options include Stripe (card payment), Vipps, Klarna, Apple Pay, or Google Pay. For card payments, the amount will be reserved on your card at the time of ordering. Once the item is shipped from us, the amount will be charged, and the reservation removed.
By choosing a payment method, the customer is bound by the payment provider’s applicable standard terms and conditions.
5. DELIVERY
We deliver to all EEA, UK, and EU countries. Standard delivery time is 3–9 business days from when the item(s) leave our warehouse. Delays may occur and do not entitle the customer to compensation. If delivery fails to occur, the customer may cancel the purchase in accordance with applicable consumer law. You will receive an email notification when your order has been shipped.
If you discover any transport damage upon receipt, you must:
- Document it with photos (packaging and product)
- Return the product and contact customer service
Any damage discovered when unpacking the product 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 binding period for subscriptions. The buyer accepts that subscriptions renew automatically without notice. Cancellation must be made no later than 14 days before the next delivery. You can manage your subscription by logging in to your customer account on the Website, or contacting customer service.
By accepting this agreement, you also consent to a credit check being 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 withdraw from the purchase in accordance with the Right of Withdrawal Act. For health and hygiene reasons, the right of withdrawal only applies to products that are intact, undamaged, and unopened.
To exercise the right of withdrawal, you must contact customer service via email (hi@smartfishsports.com) and submit the completed withdrawal form found below. The withdrawal period is 14 days from the day you received the goods. If the deadline falls on a Saturday, public holiday, or holiday, it is extended to the next business day. The deadline is considered met if the notification is sent before the period expires. You bear the burden of proof that the right of withdrawal has been exercised, so written notice (form, email, or letter) is recommended.
The withdrawal period starts:
- For single items: the day after the item(s) are received.
- For subscriptions or regular deliveries of identical goods: the day after the first shipment is received.
- For purchases with multiple deliveries: the day after the last shipment 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 withdrawal notice was sent. We may require you to cover direct return costs. We recommend using tracked shipping for returns. We are not responsible for returns that do not reach us. Refunds will be made using the same payment method as used for the purchase, within 14 days after receipt of the return. Any shipping costs from the original order are not refunded if only parts of the order are returned.
8. CUSTOMER RIGHTS IN CASE OF DEFECTS
You have the right to make a complaint about defects or faults not caused by you, in accordance with applicable consumer legislation. Complaints must be made within a reasonable time after discovering or should have discovered the defect by contacting customer service at hi@smartfishsports.com. Products subject to complaint must be returned as described in section 7. We cover return shipping costs for defective items. Once we receive the product(s), we will send a replacement within a reasonable time if conditions are met. If the item cannot be replaced, you may cancel the purchase if the defect is not minor.
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 according to applicable consumer law.
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, governmental orders, or supplier failures. We will notify the customer and take reasonable steps 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 information collected in connection with your purchase. You can read more about our processing of personal data in our Privacy Policy.
11. GOVERNING LAW AND DISPUTE RESOLUTION
The contractual relationship with the customer, and these general terms, are governed by Norwegian law. Any disputes arising from the contractual relationship shall be resolved amicably. If the parties fail to reach an agreement, the buyer may contact the Norwegian Consumer Authority for mediation. The Consumer Authority can be reached at +47 23 400 600 or via www.forbrukertilsynet.no.
The European Commission’s Online Dispute Resolution 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 a case before the courts in their home country under applicable EU/EEA consumer rights laws.
12. CHANGES TO TERMS
We reserve the right to amend these terms for subscription services, for example due to unforeseen circumstances, increased fees, market developments, governmental decisions, legal or regulatory changes, or product updates. If the changes have a significant impact on you and your purchased products, we will inform you by email and allow you to terminate the agreement effective from the date the changes take effect.
13. LANGUAGE
These terms are available in English as the main language. Translations may be provided, but in case of discrepancies, the English version shall prevail over any translated versions.