Terms of purchase
The agreement
The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
The parties
Seller is:
Nice and Fine AS
3611 Kongsberg
Org. no. 933 663 671
Contact us
Email: service@yournails.no
and is hereinafter referred to as the seller/seller.
Buyer is:
the consumer who makes the order, and is hereinafter referred to as the buyer/purchaser.
Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
Agreement conclusion
The agreement is binding for both parties when the buyer has sent his order to the seller.
The agreement is nevertheless not binding if there has been a writing or typing error in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.
The payment
The seller can demand payment for the item from the time it is sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card is charged on the same day the item is sent.
Delivery
All orders over NOK 349 qualify for free shipping, while orders under NOK 299 are charged a fixed shipping price of NOK 39. We use Helthjem/Postnord as our preferred supplier for secure and traceable shipping, with delivery directly to your mailbox.
In the event of significant delays or if an order cannot be delivered due to a lack of stock, our customer service team will contact you to find a satisfactory solution.
Standard delivery is to your mailbox, subject to package size and other practical conditions that may necessitate alternative delivery methods. Estimated delivery time is 2-5 working days, but may vary based on high season and external factors.
The delivery is considered complete when you or an authorized representative has received the package. If the delivery is registered as delivered but not received, it is your responsibility to contact both Helthjem/Postnord and Pent og Fin AS within three working days.
If the package has been delivered by Bring, but the buyer has still not received it, it is the buyer's own responsibility to report this. The parcel must be requested within 3 working days, both to Helthjem/Postnord and Pent og Fin AS's customer centre.
Any changes to the delivery address must be notified before the shipment is dispatched from our warehouse. Pent og Fin AS cannot guarantee changes after the shipment has been sent, and the buyer may be charged for re-addressing.
Pent og Fin AS is not responsible for delays or non-delivery due to events beyond our control, such as natural disasters, strikes, or the like.
Handling of undelivered and unclaimed shipments
If a package is returned to Pent og Fin AS for the following reasons:
- Missing or incomplete address information.
- Lack of registration in the national register.
- Other conditions that prevent delivery to the stated address.
Or if the package is not collected from the collection point, Pent og Fin AS will charge the customer for the following:
- Shipping costs for sending the package round trip.
- An administration fee of NOK 200.
This fee covers the administrative costs associated with handling the return and any new shipment.
According to the Right of Cancellation Act §§ 11 and 13, if you fail to pick up your package or actively refuse to receive the package upon delivery, this will be considered a breach of your obligations. Such an action does not give grounds for canceling the purchase. In these cases, you will be charged for the shipping costs for both sending and returning the package and an administration fee of NOK 200.
The risk of the goods
The risk for the goods passes to the buyer when the buyer, or the buyer's representative, has had the package delivered in accordance with point 6.
In the case of a return shipment back to Pent og Fin AS, the sender (the buyer) bears the risk for the package until Pent og Fin AS has received the package.
Right of withdrawal
Note: Pent og Fin AS offers 14 days open purchase. This means that the buyer can return the order within 14 days of receipt. It is assumed that the contents are unopened and the seal has not been broken.
Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act. Our manicure sets are manufactured to the consumer's specifications and are therefore exempt from the right of withdrawal.
The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).
The cancellation period starts to run:
When purchasing individual items, the cancellation period will run from the day after the item(s) have been received.
If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery has been received.
The cancellation period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of cancellation and a standardized cancellation form. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the goods in a reasonable way to determine the nature, characteristics and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.
Delay and non-delivery - the buyer's rights and deadline for reporting claims
If the seller does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the buyer or conditions on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and /or demand compensation from the seller.
In the case of claims for default powers, the notification should be in writing (for example e-mail) for reasons of evidence.
Fulfillment
The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great inconvenience or cost to the seller that it is significantly out of proportion to the buyer's interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.
The buyer loses his right to demand fulfillment if he or she waits an unreasonably long time to make the claim.
Elevation
If the seller does not deliver the goods at the time of delivery, the buyer must call on the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer can cancel the purchase.
However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has notified the seller that the time of delivery is decisive.
If the item is delivered after the additional deadline set by the consumer or after the time of delivery which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Replacement
The buyer can claim compensation for a slight loss as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control which could not reasonably have been taken into account at the time of the agreement, avoided or overcome the consequences of.
Shortage of the product - the buyer's rights and complaint deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she wants to claim the defect. The buyer has always complained in sufficient time if it happens within 2 months. from the time the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.
If the item has a defect and this is not due to the buyer or conditions on the buyer's side, the buyer may, in accordance with the rules of the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the contract terminated and/or demand compensation from the seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The buyer can choose between demanding that the defect be rectified or delivery of similar items. The seller can nevertheless object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.
Price reduction
The buyer can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in defective and contractual condition. If there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.
Elevation
If the item has not been corrected or re-delivered, the buyer can also cancel the purchase if the defect is not insignificant.
The seller's rights in the event of the buyer's default
If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or conditions on the seller's side, the seller may, in accordance with the rules in the Consumer Purchase Act, chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement be canceled as well as claim compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected goods.
Fulfillment
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
Elevation
The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. The seller cannot withdraw if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.
Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claim in the event of delay or defects according to the point above.
Conflict resolution
Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on phone 23 400 500 or forbrukerradet.no.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. The complaint is filed here.