1. Acceptance of Terms and Platform Role

By accessing and using DVSbil.no, you accept and agree to be bound by these Terms of Service and all applicable Norwegian laws. DVSbil.no operates as a technology platform and payment facilitator. We provide the infrastructure for vehicle transactions but are not a party to the sales contract between buyers and sellers. All liability for vehicle defects, non-conformity, and transaction disputes rests solely with the seller, not with DVSbil.no.

2. Description of Service

DVSbil.no is a vehicle marketplace platform that facilitates:

• Standard vehicle sales (buying and selling)
• Vehicle exchanges (barter transactions)
• Vehicle auctions
• Payment processing through third-party providers (PayPal, Stripe)
• Communication between buyers and sellers
• Premium features through subscription tiers

3. Seller Status Declaration and Legal Framework

Norwegian law distinguishes between professional sellers (businesses) and private sellers, which determines the applicable legal framework and liability. You must accurately declare your status:

• Professional Seller: If you are a business, dealership, or professional seller, you must provide your organization number (organisasjonsnummer) and declare this status for each listing. Sales to consumers are governed by the Consumer Purchases Act (Forbrukerkjøpsloven), which provides consumers with a mandatory 5-year complaint period for defects.
• Private Seller: If you are selling as a private individual, your sales are governed by the Sales Act (Kjøpsloven), which provides buyers with shorter complaint periods and fewer statutory protections.
• Mandatory Declaration: You must declare your seller status (professional or private) upon registration and for each vehicle listing. Providing false information about your seller status is a violation of these terms and may result in legal consequences.
• Contract Generation: Based on your declared seller status, the platform will automatically generate the appropriate sales contract template, clearly stating which Norwegian law (Forbrukerkjøpsloven or Kjøpsloven) governs the transaction.

4. Standard Sales Transactions

For standard sales transactions, the following terms apply:

• Professional Sellers (B2C): Professional sellers selling to consumers must comply with the Consumer Purchases Act (Forbrukerkjøpsloven). This includes mandatory disclosure requirements, a 5-year complaint period for defects, and limited protection from "As Is" clauses. Professional sellers must provide comprehensive condition reports and service history.
• Private Sales (P2P): Private sales between individuals are governed by the Sales Act (Kjøpsloven), with shorter complaint periods and fewer statutory protections. The platform provides Kjøpsloven-compliant standard contract templates for P2P transactions.
• Payment Processing: Payments are processed through third-party payment providers (PayPal, Stripe). DVSbil.no acts as a payment facilitator only and does not hold funds as an escrow agent unless explicitly stated.
• Vehicle Registration (Omregistrering): Legal ownership transfer in Norway is controlled by the Norwegian Public Roads Administration (NPRA) and Skatteetaten. The seller remains the legally registered owner until the buyer completes the omregistrering process, including payment of the transfer fee (omregistreringsavgift).
• Seller Liability: Until the buyer completes omregistrering, the seller remains responsible for traffic fines, road tolls, and insurance. Sellers are advised to complete the Notification of Sale promptly after receiving payment.

5. Vehicle Exchange (Barter) Transactions

Vehicle exchanges are legally treated as two conditional sales rolled into one agreement:

• Dual Contract Structure: Each party is both a buyer and a seller. The appropriate liability rules (Kjøpsloven or Forbrukerkjøpsloven) apply to each party based on their declared status (professional or private).
• Dual Registration: Both parties must complete the omregistrering process for the vehicle they are acquiring. The transaction is not finalized until both parties have completed their respective registration transfers.
• Mutual Obligations: Both parties have equal obligations regarding disclosure, condition reports, and compliance with applicable Norwegian sales laws based on their seller status.

6. Auction Transactions

Auction transactions are subject to specific Norwegian legal requirements that significantly limit buyer rights:

• Waiver of Price Reduction: Under Norwegian law, claims for price reduction are NOT allowed for auction purchases of used items. This is legally justified because the buyer determines the price through bidding. By participating in an auction, you acknowledge and accept this limitation.
• Binding Bids: All bids are legally binding. Once you place a winning bid, you are obligated to complete the purchase at the bid price.
• Inspection Obligation: Buyers have an obligation to inspect the vehicle, at the latest, at the time of takeover. The entire burden of due diligence rests with the buyer before finalizing the purchase.
• Business Buyers: Business buyers (those using an organization number) are explicitly barred from being considered consumers under auction terms, regardless of the seller's status.
• No Consumer Protections: Auction purchases do not benefit from the same consumer protection rights available in standard sales transactions.

7. Payment Processing and Escrow

Payment processing is handled through third-party providers:

• Payment Providers: We use PayPal and Stripe for payment processing. All payment transactions are subject to the terms and conditions of these third-party providers.
• Escrow Mechanism: For standard sales, funds may be held in escrow until the seller confirms submission of the Notification of Sale and the buyer confirms completion of omregistrering and payment of the transfer fee. This protects sellers from residual liability.
• Release of Funds: Funds are released to the seller only after confirmation that the buyer has completed the omregistrering process. This confirmation must be provided by the buyer through the platform.
• Platform Fees: DVSbil.no charges commission fees for facilitating transactions. These fees are separate from the vehicle purchase price and are clearly disclosed before transaction completion.

8. Dispute Resolution

DVSbil.no does not act as a final judge in disputes between buyers and sellers. The following dispute resolution pathway applies:

• Direct Resolution: Parties are encouraged to resolve disputes directly. Buyers must submit a formal, written complaint to the seller within the statutory two-month deadline from discovery of the defect.
• Mediation: If direct resolution fails, consumers may request mediation from the Norwegian Consumer Authority (Forbrukertilsynet).
• Adjudication: If mediation fails, cases may proceed to the Consumer Disputes Commission (Forbrukerklageutvalget - FKU), which offers binding, court-like resolution for consumer disputes.
• Platform Assistance: While DVSbil.no may provide assistance in facilitating communication, we are not responsible for resolving disputes or enforcing resolutions. All liability for disputes rests with the seller.
• Legal Recourse: Parties retain the right to pursue legal action through Norwegian courts if other resolution methods fail.

9. User Accounts and Responsibilities

To use certain features of the service, you must register for an account. You agree to:

• Provide accurate and complete information, including correct seller status (professional or private) and organization number if applicable
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use
• Comply with all applicable Norwegian laws and regulations

10. User Conduct and Prohibited Activities

You agree not to use the service to:

• Post false, misleading, or fraudulent advertisements
• Misrepresent your seller status (professional vs. private)
• Violate any applicable Norwegian laws or regulations, including consumer protection laws
• Infringe on intellectual property rights
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to the platform
• Circumvent payment processing or escrow mechanisms

11. Platform Liability and Limitations

DVSbil.no operates as a technology platform and payment facilitator. Important limitations:

• No Warranty: DVSbil.no does not warrant the accuracy of user-generated content, the quality or condition of vehicles, or the completion of transactions.
• No Liability for Transactions: We are not a party to sales contracts between buyers and sellers. All liability for vehicle defects, non-conformity, and transaction disputes rests solely with the seller.
• Payment Processing: We facilitate payments but are not responsible for disputes between users and payment providers (PayPal, Stripe).
• Registration Process: We provide information about the omregistrering process but are not responsible for delays or issues with the Norwegian Public Roads Administration or Skatteetaten.
• Technology Provider Only: DVSbil.no provides technology infrastructure and payment facilitation services only. We do not act as a dealer, broker, or agent in vehicle transactions.

12. VAT and Tax Compliance

Tax obligations and VAT treatment:

• Platform VAT: DVSbil.no pays VAT on commission fees earned from facilitating transactions, as used car sales are generally exempt from VAT in Norway.
• User Tax Obligations: Users are responsible for their own tax obligations related to vehicle sales, purchases, and any applicable taxes or fees.
• Transfer Fees: The omregistreringsavgift (registration transfer fee) is paid directly to Skatteetaten by the buyer and is separate from platform fees.
• No Tax Advice: DVSbil.no does not provide tax advice. Users should consult with tax professionals regarding their specific tax obligations.

13. Content and Intellectual Property

You retain ownership of content you post, but grant us a license to:

• Display your content on the platform
• Use your content for platform promotion
• Modify content for technical compatibility

14. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information in accordance with GDPR and Norwegian data protection laws.

15. Subscription and Premium Features

Premium features require payment. By subscribing, you agree to:

• Pay all fees associated with your chosen tier
• Provide valid payment information
• Authorize recurring charges for subscription tiers
• Cancel subscriptions according to our cancellation policy

16. Termination

We may terminate or suspend your account at any time for violations of these terms, misrepresentation of seller status, or fraudulent activity. You may also terminate your account at any time through your account settings. Upon termination, your access to the platform will be revoked, but completed transactions remain subject to applicable Norwegian laws.

17. Changes to Terms

We reserve the right to modify these terms at any time to comply with changes in Norwegian law or to improve our services. Material changes will be communicated through the platform and email notifications. Continued use of the service after changes constitutes acceptance of modified terms.

18. Governing Law and Jurisdiction

These Terms of Service are governed by Norwegian law. Any disputes arising from these terms or the use of the platform shall be subject to the exclusive jurisdiction of Norwegian courts. For consumer disputes, the Consumer Disputes Commission (Forbrukerklageutvalget) has jurisdiction as outlined in Section 8.

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