1. About this agreement
This document, together with our privacy statement, forms an agreement (collectively, the "Agreement"). In addition to the Agreement, the relevant provisions that otherwise follow from Norwegian law apply at all times. The parties to the Agreement are you as the user / customer (hereinafter also "the User", "you" or "you") and Tjommi AS, Lars Hilles gate 30, 920696589 (hereinafter also "we" or "us").
We cannot offer you the use of Tjommi until you have read and agreed to the terms of the Agreement, and ask you to read it carefully. The agreement contains, among other things, information about our responsibility, your responsibility, Tjommi's function and the way we process personal information.
You can withdraw from this Agreement at any time, but please note that you will no longer have access to Tjommi
2. About Tjommi
Tjommi can help you identify price changes for a product you have already purchased from a third party. In order for Tjommi to be able to help you identify price changes, you must first have registered the product / receipt from the purchase in Tjommi.
After the product / receipt has been registered, Tjommi will search for price changes on identical products for up to 50 days. If a price change is identified during this period, you will be notified of the price change in Tjommi. The forecast will show the difference between the original and the new price ("Difference") of the product.
If the product has been purchased from a third party who has a price promise / guarantee or similar scheme that entitles you to the Difference, Tjommi will offer you help to try to get the Difference refunded. The help will consist of Tjommi sending an e-mail to the seller of the product, where claims are made under the seller's price promise / guarantee. In order for Tjommi to be able to help you with this, you must first pay a consideration to Tjommi (the "Remuneration"). The consideration will be a specified percentage of the Difference, and will be shown as a total sum in Tjommi, see point 4 on price below.
You are free to choose whether you want Tjommi to help you try to get the Difference repaid. If you choose to let Tjommi help you, and provided that the third party agrees to repay the Difference, the entire amount will be paid directly from the third party to your bank account (which must be notified to Tjommi and verified in advance). If the third party does not pay the Difference within 50 days, you are entitled to a refund of the Remuneration.
3. Before you use Tjommi
All the conditions below must be met before you can use Tjommi:
- You must be over 16 years old.
- You must be a resident of Norway.
- You must have read and accepted this Agreement, including the privacy statement.
- You must have a mobile phone that is supported by the App and a Norwegian telephone number.
- You must have an email address.
- You must verify your account number
- You must have approved all other agreements from third parties that are necessary for the use of your mobile phone. This will typically be the provider of your phone, the phone's operating system, but may also be other companies that offer services necessary to use Tjommi.
- You must give Tjommi the necessary permissions on your device. The permissions required can be found in the privacy statement.
4. What does it cost to use Tjommi
Tjommi can be downloaded and used free of charge to identify price changes. If you want Tjommi to help you get the Difference refunded, however, you must pay a Remuneration.
The consideration is calculated as a percentage of the Difference. As of today, the Remuneration is 25% of the Difference when you get your money back. For example, if you have purchased a product for NOK 10,000, and a price change from NOK 10,000 to NOK 9,000 is identified, the Remuneration that must be paid to get help to try to get the difference refunded is NOK 250, calculated as follows:
- Original price: NOK 10 000
- New price: NOK 9 000
- Gift card: NOK 1 000
- Remuneration NOK 250 (tilsvarende 25 % av Differansen)
The consideration is calculated as a percentage of the Difference. As of today, the Remuneration is 15% of the Difference when you get your money back. For example, if you have purchased a product for NOK 10,000, and a price change from NOK 10,000 to NOK 9,000 is identified, the Remuneration that must be paid to get help to try to get the difference refunded is NOK 150, calculated as follows:
- Original price: NOK 10 000
- New price: NOK 9 000
- Gift card: NOK 1 000
- Remuneration NOK 150 (tilsvarende 15 % av Differansen)
Tjommi reserves the right to change the percentage, and thus also the change in price / Remuneration. Every time you get the opportunity to ask Tjommi for help, you will receive a price offer, and it is the price offer that is displayed in Tjommi in connection with the individual assignment that is valid / binding. In addition to the Remuneration, other costs may be incurred, such as consumption of mobile data and the like.
5. ELECTRONIC COMMUNICATION
By entering into this Agreement, you accept that the Agreement is entered into on an electronic medium and that the same applies to changes in the Agreement. You also accept that we can communicate with you directly through Tjommi, to the telephone number you have provided and / or at the provided e-mail address.
6. OUR RESPONSIBILITY
1. If the user only uses the free functions (to identify price changes on the product), Tjommi AS shall have no responsibility. This means, among other things, that we are not responsible for:
- Loss or damage due to an offer / price change not reaching you;
- Loss or damage due to incorrect or inaccurate information from third parties;
- Loss or damage to the mobile phone
- Loss or damage caused by a third party provider such as Stripe, mobile operator or provider of your device or its operating system.
- Loss or damage that arises as a result of you or another person having abused Tjommi or acted in violation of this Agreement.
2. If you choose to pay for Tjommi to contact the seller, the following also applies:
You have the right to claim the Remuneration if the seller / third party has not paid the Difference within 50 days after you paid the Remuneration to Tjommi AS, provided that the non-payment was not due to:
- That you or another person has acted in violation of the Agreement;
- That you have acted in violation of other relevant legislation;
- That you have provided or entered incorrect or incomplete information
To receive a refund of the Remuneration, you must contact Tjommi AS by e-mail firstname.lastname@example.org. Provided that the conditions are met, payment will be made within 30 days after we have received the email from you.
Please note that our assignment is limited to sending e-mails with demands for payment under the price promise / guarantee. If the seller / third party does not pay the Difference (regardless of the reason and regardless of whether the non-payment is lawful or not), Tjommi AS has no obligation to pursue the claim further. In other words, our liability is also limited to repaying the Remuneration in such a situation.
7. Your responsibility
You are responsible for ensuring that the information we receive and use in connection with the delivery of Tjommi is correct, complete and up to date. This includes, but is not limited to, name, address, e-mail, telephone number, account number and receipt (including time of purchase, purchase price, name of product, etc.).
When you use Tjommi, you are also responsible for Tjommi being used for the purpose for which it is designed, and within the framework of this Agreement and relevant legislation. In addition, Tjommi can only be used by private individuals. Any companies, companies and other organizations must enter into a special agreement with Tjommi AS on use.
As a user of Tjommi, you also confirm that you do not want to:
- use Tjommi as part of acts that are punishable under Norwegian law, such as, for example, fraud, embezzlement, money laundering, etc .;
- on or through Tjommi violate the privacy of others;
- convey unauthorized advertising, publicity or the like on or through Tjommi;
- use automated means to access or use Tjommi;
- sabotage, copy, delete, modify or otherwise manipulate the source code of Tjommi;
- on or through Tjommi share offensive material or material protected by Norwegian law, including the Copyright Act;
- allow others to violate / act in violation of the Agreement through your user account;
- use Tjommi in violation of good business practice;
- use Tjommi contrary to our visions and values
8. VIOLATION OF YOUR RESPONSIBILITY AS A USER
If we have reason to believe that you use Tjommi in violation of the Agreement or relevant legislation, we have the right to suspend your user account. If the use does not cease, or the use constitutes a material breach, we have the right to terminate the Agreement. Tjommi has no obligation to notify you before termination takes place, but will try to give you such notice and opportunity to rectify the situation (if possible).
In the event of a breach of the Agreement or relevant legislation, we also reserve the right to claim compensation for any losses, close your user account, exclude you from Tjommi temporarily or permanently and / or report matters that are punishable under Norwegian law.
9. AGREEMENTS WITH THIRD PARTIES
Tjommi depends on several third-party services to function. By accepting this agreement, you accept that breach of the Agreement may have consequences for other agreements you have entered into that we are not a party to. This will typically be, but is not limited to, terms for downloading the App through portals such as Google Play and Apple App Store. Tjommi AS is not directly linked to such services.
You also agree that the App or certain features may require the use of third party services to function optimally.
10. AMENDMENTS TO THIS AGREEMENT
We reserve the right to make changes to the agreement that are not to your detriment. This can be the case, among other things, when we correct typing errors, lower tariffs, specify how Tjommi works or extend our responsibility.
Apart from this, we can also change the percentages for future Remuneration, but not for a Remuneration that has already been paid (see item 4). The current percentage will appear before you accept that Tjommi contacts a company on your behalf.
In the event of changes to the Agreement, we will inform you of this via e-mail or Tjommi directly at least two weeks in advance. If the Agreement is changed to your detriment
11. DURATION AND TERMINATION OF THE AGREEMENT
The agreement is valid until:
- The service is removed from the market. The agreement terminates if we discontinue or discontinue the operation of the Tjommi service.
- You close your user account. You can withdraw from this Agreement at any time by terminating your user account with us. You do this by going to profile, then security and privacy.
- We will terminate your user account. If we believe that you have not complied with the responsibilities set out in this Agreement, we may terminate your user account.
12. LEGAL CHOICE AND APPEALS BODY
This Agreement is governed by and shall be construed in accordance with Norwegian law.
Any dispute arising out of the Agreement shall be resolved through negotiations. If the dispute cannot be resolved by a complaint directly to us, the complaint can be directed to:
You can complain to the Consumer Council online. Further instructions on how to appeal to the Consumer Council can be found at https://www.forbrukerradet.no/klageguide/
The European Commission's complaints portal can also be used if you wish to lodge a complaint. Complaints can be made by filling out the form here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show
If the parties do not succeed in finding a solution at the end of the appeal case in the Consumer Council, the parties decide - unless otherwise provided by preceptory legislation - Bergen District Court as the appropriate venue for any disputes arising from the Agreement.