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.fi. 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.fi is Notino Deutschland und Österreich GmbH having its registered seat at Stöckachstraße 16, 70190 Stuttgart; company registration number HRB 762098; entered in the Commercial Register maintained by the Trade Register B of the District court of Frankfurt am Main. The place of performance of all contractual relationships is Stöckachstraße 16, 70190 Stuttgart.
All contractual relationships shall be governed by the legislation of Finland. CISG is not applied to any purchase contract.
2. Definition of terms
- Consumer contract – purchase contract, contact for work or any other contract pursuant to the Finnish legislation, 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 acquires the goods primarily for a use other than business or trade.
- 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.fi
3. Conclusion of purchase contract
The purchaser’s order, properly completed and sent via the e-shop www.notino.fi 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 via an e-mail sent to the e-mail address on the purchaser’s order. The purchase contract is concluded after this email has been sent.
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.
Should the purchaser wish to cancel an order for goods which have been ordered especially for them as per a special agreement, a cancellation fee applies corresponding to 50% of the value of the goods.
The purchase contract is concluded in the English language. Once concluded, it shall be retained only for a period necessary for it processing. During this period, it can be disclosed based on the consumer’s written request. An order can be changed and errors can be corrected as long as the goods have not yet been handed over for shipment.
4. Contract cancelation pursuant to The Consumer Protection Act
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 90 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, i.e. the Notino Deutschland und Österreich GmbH having its registered seat at Stöckachstraße 16, 70190 Stuttgart; company registration number HRB 762098; entered in the Commercial Register maintained by the Trade Register B of the District court of Frankfurt am Main, or via e-mail to email@example.com, as a unilateral legal act (e.g. in a letter sent via a provider of postal services, fax or e-mail). 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. If the consumer cancels the contract directly via the website, the seller will inform the consumer of receiving the cancellation form without delay.
Should the consumer cancel the purchase contract, the seller shall refund the price paid without an undue delay, but in any event within 14 days 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 not 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 Chapter 6 Section 16 of the Consumer Protection Act, the consumer cannot cancel a contract
- on the provision of services which have been performed or in case the digital supply of digital content has been started with their express prior consent prior to the expiry of the period allowed for the cancellation of the contract, and the businessperson had informed the consumer, prior to the conclusion of the contract, that in this case they shall not have the right to cancel the contract;
- 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 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 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 in a sealed and opened package);
- 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 repairs and maintenance carried out at the place specified by the consumer and at their request
- on the delivery of audio-visual recording or computer software of the consumer has broken the original seal;
- on the delivery of a single newspaper, magazine or other periodical;
- concluded upon the basis of an auction where a consumer can participate in other ways than using distance communication;
- on accommodation services for other than permanent living, transportation of goods, car rental service, provision of meals or leisure time services, if these services were to be provided on an agreed-upon date and time;
- 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. If the returned goods are incomplete, damaged or visibly used, the seller may claim damages.
If the consumer has asked the seller to provide the ordered service (other than digital service) before the cancellation period (90 days) has passed, the consumer is obliged to compensate the seller for the service that the seller has provided before cancelling the contract according to Chapter 6 Section 19 of the Consumer Protection Act. This provision only applies to the provision of services, not goods.
5. Contract cancellation by purchaser who is not a consumer
A purchaser who is not the consumer cannot cancel the contract.
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.
7. 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 authorized, 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 does not have access to your PayPal account, or any other information related to your PayPal account.
8. Seller’s liability for defects when the purchaser is a consumer
The Finnish Consumer Protection Act (38/1978) is applied to product defects when the purchaser is a consumer. The seller guarantees to the purchaser who is the consumer that the goods, upon takeover, are free from defects. The seller in particular guarantees to the purchaser that, upon takeover, the goods is free from defects.
In type, quantity, quality, other characteristics and packaging, shall correspond to what can be deemed to have been agreed.
Except where something else can be deemed to have been agreed, the goods shall:
- be fit for the purpose for which such goods are ordinarily used;
- conform to the particular purpose for which the goods were intended, if the seller must have known of this purpose at the conclusion of the sale and if the seller had not before the conclusion of the sale informed the buyer that the goods possibly do not conform to the intended purpose;
- conform to what has been represented by the seller and possess the characteristics which the seller has implied by way of a sample or model;
- be packaged in a manner that is usual or otherwise appropriate, if packaging is necessary to preserve or protect the goods; as well as to durability and otherwise, correspond to what a consumer ordinarily may expect in the purchase of such goods.
- in their characteristics conform to the requirements set by law, decree or official decision, unless the buyer intended to use the goods for a purpose where the said requirement is of no significance.
If the goods do not conform to the paragraphs 1-5 they are defective. However, the buyer shall not invoke as a defect any circumstances that the buyer must have known of at the conclusion of the sale. In addition, the buyer shall not invoke as a defect any circumstances arising from the materials that the buyer has supplied for the manufacture of the goods, except if there has been negligence on the part of the seller.
The purchaser is entitled to lodge a complaint regarding these defects within a reasonable time after he/she discovered or ought to have discovered the defect. However, the notice of defect may always be given within two months of the buyer’s discovery of the defect. 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.
Irrespective of this, the buyer shall always have a right to invoke a defect in the goods if:
- the seller’s conduct has been grossly negligent or incompatible to honor and good faith;
- the defect is based on the fact that the goods do not conform to the requirements set in the Product Safety Act (914/1986) or in other provisions or orders issued for the protection of health or property; or if
- the defect is based on the fact that the goods are otherwise hazardous to health or property.
Should a defect become apparent within six months of takeover, it is assumed that the defect existed at the time of takeover.
For a defect, the buyer shall have the right to withhold payment of the purchase price. The buyer shall, however, not have the right to withhold an amount that evidently exceeds the claims that he is entitled to on the basis of the defect.
The buyer has the right to require that the seller rectify the defect or deliver non- defective goods. Such rectification shall be performed within a reasonable time and so that the buyer does not thereby incur costs or significant inconvenience. However, the seller shall not be liable to rectify the defect if there is an unavoidable barrier to the same or if this would cause unreasonable costs. In this context, special attention shall be paid to the significance of the defect and the value of the goods, had these conformed to the contract, and to the issue whether the rectification can be performed in some other manner without causing significant inconvenience to the buyer.
Even if the buyer does not require that the defect be rectified or that non-defective goods be delivered, the seller shall, at its own expense, have the right to perform such rectification if it offers to do so without delay after the buyer has notified it of the defect. The buyer shall have the right to refuse rectification of the defect if that would cause him/her essential inconvenience, a decrease in the value of the goods or a danger that the costs incurred by the buyer not be compensated, or if he/she has another special reason for refusal.
If the rectification of the defect or the delivery of non-defective goods is out of the question. the buyer shall have the right to:
- demand a price reduction proportionate to the defect; or
- cancel the contract, except if the defect is of minor significance.
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:
The complaint form can be found here.
Purchaser’s rights in case of another kind of faulty performance than a defect, are governed by the Finnish Consumer Protection Act.
9. Seller’s liability for defects in the case of a purchaser who is not the consumer
The seller does not provide product quality guarantees to purchasers who are not consumers, unless explicitly agreed between the parties. The seller’s liability for defects and faulty performance is governed by Finnish legislation. CISG is not applied to the contract between the seller and the purchaser. The amount of damages payable according to Finnish legislation is limited to the amount of the purchase. The seller is not responsible for any of the purchaser’s indirect damages.
10. Prices and offer validity
All prices of products and service are quoted with VAT included. Should the rate of VAT change during the period prior to the conclusion of the purchase contract (or the shipping of the goods), the transitional provisions of the relevant legislation are applied. Attached to each shipment is a tax document; all prices of goods, including “special prices” apply while the goods last or until further notice.
11. 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.
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.
12. 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. The data will be processed in accordance with German data protection law, to process personal data including name, address, date of birth, phone and e-mail for a period of ten years from the date of the order. This data is used especially 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.fi (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.fi, the purchaser agrees with cookies and pixel tags being stored in their computer.
13. 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.
14. 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.
The out-of-court entity in the event of any dispute is the Finnish Consumer Dispute Board (Kuluttajariitalautakunta, www.kuluttajariita.fi). Furthermore, a dispute can be settled via the respective ODR platform (Online Dispute Resolution).
Any deviation from these Terms and conditions 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 and conditions.
The purchaser may amend or change the provisions of these Terms and conditions. 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 www.notino.fi shall become valid and effective on 1st of October 2017 and are ready for download here.