Terms and Conditions
1. Introductory provisions
These business terms and conditions stipulate the rights and obligations of the seller and the purchaser within the framework of their contractual relationship entered into via the e-shop www.notino.dk. The purchaser has the opportunity to make themselves familiar with these terms and conditions prior to sending their order, and they are informed about their existence in a proper manner. By sending their order, the purchaser confirms to have made themselves familiar with, and to have agreed to, these terms and conditions.
The seller and the operator of the e-shop www.notino.dk is Notino Deutchland & Österreich GmbH, having its registered seat at Store Kongensgade 36, 3. Th., 1264 Copenhagen K, Denmark, CVR-nr. 35449159 and, in the case of personal collection, the pick-up point of the seller listed at www.notino.dk, as selected by the purchaser via their order.
All contractual relationships shall be governed by the legislation of Denmark.
2. Definition of terms
- Consumer contract – purchase contract or contract for work or any other contract pursuant to Danish law, if the contracting parties are the consumer as one party and the seller as the other.
- Consumer – a natural person who, when concluding and performing the contract, does not act in the capacity of a businessperson or other business or within the framework of their profession.
- Purchaser who is not a consumer – a person who, when concluding and performing the contract, acts in the capacity of a businessperson or other business or within the framework of their profession.
- Seller – means Notino Deutschland und Österreich GmbH having its registered seat at Stöckachstraße 16, 70190 Stuttgart; company registration number HRB 762098
- Terms – means these terms and conditions
- Website – means www.notino.dk
3. Conclusion of purchase contract
The purchaser’s order, properly completed and sent via the e-shop www.notino.dk or via phone, constitutes a binding proposal to conclude a purchase contract with the seller. The purchaser shall be bound by their proposal to conclude the purchase contact with the seller for a period of 21 days from the day of sending.
The seller shall acknowledge the receipt of the order as soon as possible, via an e-mail sent to the e-mail address stated by the purchaser on the purchaser’s order. This acknowledgement does not constitute the acceptance of the proposal to conclude the purchase contract. The purchase contract shall be deemed concluded upon the acceptance of the proposal to conclude the purchase contract by the seller, which means the sending of the goods by the seller to the purchaser, or an explicit declaration of the acceptance of the proposal to conclude the purchase contract by the seller by e-mail.
4. Prices and offer validity
All prices of products and service are quoted with VAT included. The VAT rate applicable at the moment of shipping shall apply. Should the rate of VAT change during the period prior to the conclusion of the purchase contract (or the shipping of the goods), the purchaser shall be obliged, considering the method of payment they chose, to pay the outstanding balance of the purchase price, or the seller may send to the purchaser an e-mail containing the notice to provide bank account details, so that the purchase price overpayment balance can be reimbursed.
5. Payment conditions
- Bank transfer – having received the order (proposal to conclude the purchase contract), the seller shall send to the purchaser the payment information (amount, account number and the variable symbol for the transaction). The purchaser shall pay for the goods to the bank account of the seller prior to the shipping of the goods; otherwise the goods will not be shipped (handed over). This method of payment of the purchase price is considered an advance payment for the purchase price.
- Payment cards – a very convenient payment method. Having created the order, you will be forwarded to a secure payment gateway where you can enter the payment data. Once the transaction is authorised, the payment is processed immediately and the goods can be shipped the following business day. We support the secure protocol 3D Secure. Our employees have no access to your credit card data; everything is processed by the bank.
- PayPal - after you create an order, you are redirected to a secure PayPal gateway, where you log in to your PayPal account to complete the purchase. We would like to inform you that Notino.fi does not have access to your PayPal account, or any other information related to your PayPal account.
6. Discounts and vouchers
The seller guarantees a variety of discounts (for members, for volume purchased, for friends and family etc.). Each discount is governed by a specific set of rules.
If a discount or a voucher is used in violation of the applicable rules, the seller has the right to deny the discount or the use of the voucher. The purchaser shall be duly notified and given the opportunity to have their purchase processed without the discount or voucher.
The terms and conditions of specific discounts are either attached to the discount (as detailed information), or a link to the website is provided where detailed information can be found, or they can be provided upon request. In the event of any dispute regarding the interpretation of the conditions of a discount, the seller’s interpretation shall apply.
Each discount or voucher can only be used once, unless explicitly stated otherwise. If used repeatedly, the seller reserves the right to refuse it.
If a discount is claimed by a purchaser who is not the consumer, with the exception of gift certificates, the seller reserves the right to refuse the discount or the voucher.
If the value of the gift certificate or voucher is higher than the value of the purchase, the balance is not kept on the certificate, nor is it reimbursed in cash.
The costs of packaging and postal services selected by the purchaser in their order shall be borne by the purchaser. These costs shall be governed by the valid price list which can be found in the respective section of the seller’s website.
8. Contract cancelation pursuant to The Consumer Protection Act
The consumer has the right to cancel their order, i.e. withdraw their proposal to conclude the purchase contract, without sanctions until the moment of shipment of the goods. The consumer shall be obliged to notify the seller about their decision via phone or e-mail.
The consumer is entitled to cancel the contract for convenience within 90 days of the receipt of the goods (or, in the case of a purchase contract for several types of goods or partial deliveries, within 90 days of the receipt of the last delivery; or, in the case of a purchase contract for regular deliveries, within 60 days of the receipt of the first delivery).
With respect to the right to cancel the contract, the consumer must inform the seller about their decision to do so via e-mail to email@example.com. The consumer may, but is not obliged to, use the contract cancelation template attached. The consumer may visit this website and download and fill out the contract cancelation form. In order to meet the deadline for the cancelation of the contract, the written cancelation notice can be sent prior to the expiry of the period.
Should the consumer cancel the purchase contract, the seller shall refund the price paid without an undue delay, but in any event within 14 day of the day of receipt of the contract cancelation notice, along with all delivery charges (with the exception of additional costs incurred due to the selection of a delivery method which is different from the cheapest standard delivery method offered by the seller). The seller shall make the refund using the same payment method that the purchaser used for the initial transactions, unless explicitly stated otherwise by the consumer. The consumer shall in no event incur any other costs. The seller shall make the refund once the seller has received the returned goods or once the consumer has proved to have sent the goods back, whichever is earlier. The consumer must return the goods without an undue delay, but in any event within 14 days of the date of contract cancelation. The consumer shall bear any direct costs of the return of the goods. The aforementioned deadline is thought to be complied with as long as the consumer sends the goods back to the seller prior to the expiry of the 14-day period. The consumer shall be responsible for the reduction in the value of the goods caused by the handling of the goods in a manner which exceeds the acceptable familiarisation with the nature and properties of the goods, including their function.
Pursuant to the Danish Consumer Protection Act, the consumer cannot cancel a contract
- on the provision of services which have been performed with the consumer’s express prior consent and recognition that the consumer has no right to cancel, when the service has been performed;
- on the supply of goods or the provision of services whose price depends on financial market fluctuations beyond the control of the businessperson, which can occur during the period allowed for the cancelation of the contract;
- on the supply of alcoholic beverages which can be delivered after the expiry of a 30-day period and whose price depends on financial market fluctuations beyond the control of the businessperson;
- on the supply of goods which have been customised according to the needs of the consumer or for their own use;
- on the supply of perishable goods or goods which, once delivered, have been mixed with other goods in an irreversible manner;
- on repairs and maintenance carried out at the place specified by the consumer and at their request, with the exception of the subsequent provision or performance of other repair services or the delivery of spare parts the consumer had not requested.
- on the supply of goods in a sealed package which was removed from the package by the consumer and which cannot be returned out of hygienic concerns - skin care products, body care products, makeup, lipsticks, shampoos, makeup brushes, toothbrushes, shavers, epilators and other cosmetics;
- on the delivery of audio-visual recording or computer software of the consumer has broken the original seal;
- on the delivery of newspapers, magazines or other periodicals;
- on accommodation services, transportation, provision of meals or leisure time services, if these services were to be provided on an agreed-upon date and time;
- concluded upon the basis of a public auction according to the relevant act on public auctions;
- on the supply of digital content if not provided on a tangible data carrier, as long as it has been supplied with the prior consent of the consumer prior to the expiry of the period allowed for the cancelation of the contract, and the businessperson had informed the consumer that they were not entitled to cancel the contract in this case.
- contract cancellation is not an option for products which were engraved on demand.
The consumer is not entitled to cancel the contract for convenience in the event of partial consumption of the goods. Furthermore, due to the nature of certain goods contract cancelation is not possible, especially due to hygiene concerns (e.g. lipsticks, creams, mascara, shampoos, conditioners, makeup brushes etc.). If the returned goods are incomplete, damaged or visibly used, the seller may claim damages.
9. Contract cancellation by purchaser who is not a consumer
A purchaser who is not a consumer cannot cancel the contract.
10. Rights arising from faulty performance and quality assurance in the case of a purchaser who is the consumer
The seller guarantees to the consumer that the goods, upon takeover, is free from defects. The seller in particular guarantees to the purchaser that, upon takeover, the goods:
- have the agreed-upon qualities; in the case of absence of an agreement, the qualities described by the seller or the manufacturer, or which the purchaser had expected considering the nature of the goods, and based on the respective advertising;
- are fit for the intended purpose stated by the seller, or for the purpose the goods are normally used;
- conform, in terms of quality and workmanship, to agreed-upon samples or models, if the quality or workmanship of the goods has been determined based on a sample or model;
- are of the required quantity, size or weight; and
- conform to relevant legal regulations.
The purchaser is entitled to lodge a complaint about defects within 5 years since receipt in the case of cosmetic products and within 2 years since receipt in the case of other goods.
Should a defect become apparent within six months of takeover, it is assumed that the defect existed at the time of takeover.
If the goods do not have the aforementioned qualities the purchaser may request the delivery of a new item, as long as it is not reasonable with respect to the nature of the goods. If only a part of the goods is defective, the purchaser may only request the delivery of the defective part. If the defective part cannot be replaced, the purchaser may withdraw from the contract. Should it be inadequate considering the nature of the effect, i.e. if the defect can be removed without an undue delay, the purchaser is entitled to the removal of the defect free of charge.
The right to delivery of new goods or the replacement of a defective part exists even in the case of a defect that can be removed, as long as the purchaser cannot properly use the goods due to reoccurrence of the defect after the goods have been repaired, or due to concurrent defects. In this case the purchaser shall also have the right to withdraw from the contract.
In the event that the purchaser does not withdraw from the contract, or if they do not assert their right to the delivery of new goods or to have the goods repaired, they may claim a reasonable discount. The purchaser shall be entitled to a reasonable discount when the seller is unable to deliver new goods, or to replace the defective part or to repair the goods, as well as in the case when the seller has failed to repair the goods within a reasonable period of time, or if the corrective steps could cause major inconvenience to the consumer.
If it is evident that the goods do not show the properties and quality agreed upon between the parties, the seller shall bear the costs of transportation of the defective goods to the seller, and back to the customer.
The rights arising from product defects can be asserted at the following addresses of the seller:
For sending the goods:
The complaint form can be found here.
If asked to do so by the purchaser, the seller shall confirm in writing the scope and duration of the obligations in the case of faulty performance. If possible, based on the nature of the goods, this declaration can be substituted by a document confirming the purchase of the goods containing the necessary data. Should the purchaser assert their right with respect to faulty performance, the seller shall confirm in writing the date the right was asserted, as well as the repair and its duration.
11. Personal data protection
None of the personal data provided to the seller will be provided to third parties without the purchaser’s consent, with the exception of cases required to perform the purchase contract in accordance with these business terms and conditions or applicable law. The data will be processed in accordance with applicable law. By sending their order, the purchaser grants to the purchaser (Notino Deutchland & Österreich GmbH, having its registered seat at Store Kongensgade 36, 3. Th., 1264 Copenhagen K, Denmark, CVR-nr. 35449159), their consent to process personal data including name, address, date of birth, phone and e-mail for a period of five years from the date of the order. This data is used specifically for the performance of the purchase contract, order processing and age verification. The seller, as the processor of the data is also the controller of the data; the data will be processed in a secure manner preventing misuse. The purchaser may request at any time by e-mail that their data be changed or deleted. The purchaser may update their data via the website www.notino.dk (section “Your account”).
Upon the completion of the order, the customer’s e-mail will be provided to the company Allegro Group CZ, s.r.o. for the purpose of the mailing of a rating questionnaire, as a part of the service “Verified by customers”. Within ten days, the purchaser will receive a questionnaire allowing them to rate the quality of services and products. The purchaser hereby explicitly agrees with this procedure.
By accessing the website www.notino.dk, the purchaser agrees with cookies and pixel tags being stored in their computer.
12. Electronic invoicing
The consumer will receive an electronic invoice for their order. It can be downloaded at any time via the link sent in the order shipping confirmation e-mail. It can also be downloaded from the user account or it can be requested at any time at firstname.lastname@example.org.
13. Final provisions
Once delivered to the seller, the purchaser’s order constitutes a proposal to conclude a purchase contract and it shall be filed for the purpose of performance of the contract and further record-keeping. The purchaser is familiar with the individual technical steps leading to the conclusion of the purchase contract due to the ordering process as such. The purchaser has the opportunity to find and correct mistakes made during the ordering process prior to the submission of the order. The costs of the use of communication devices (phone, Internet etc.) during ordering shall be borne by the purchaser. These business terms and conditions allow the consumer their retention and reproduction.
Any and all disputes arising out of or in connection with these terms or any purchase order or purchase contract are subject to Danish law and shall be settled before the Copenhagen District Court.
Any deviation from these terms is subject to both parties’ written consent. Additional or conflicting conditions of a business partner do not apply to the contractual relationships established in accordance with these terms.
The seller may amend or change the provisions of these terms. This provision does not affect the rights and obligations accrued during the term of effect of the previous version.
These General business terms and conditions of Notino Deutchland & Österreich GmbH shall become valid and effective on 1st of October 2017.