General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR E-SHOPS

These General Terms and Conditions ("Terms") of Maisondargile s.r.o., with its registered office at Za Poříčskou bránou 259/11, Karlín, 186 00 Prague, ID No. 21787981, registered in the Commercial Register under sp. zn. C 406509/MSPH maintained by the Municipal Court in Prague, email contact.senseseu@gmail.com, phone number +420604339117, business address Poříčskou bránou 259/11, Karlín, 186 00 Prague ("We" or "Seller"), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the online shop on the website https://www.senseseu.com/.

All information about the processing of your personal data is contained in our Privacy Policy, which you can find here: https://www.senseseu.com/datapolicy/.

The provisions of these Terms form an integral part of the Contract. The Contract and Terms are made in the Czech language. We may unilaterally amend or supplement these Terms. Such amendments will not affect the rights and obligations that arose during the period of effectiveness of the previous version of the Terms.

As you know, we primarily communicate remotely. Therefore, for our Contract, it is also valid that means of remote communication are used, which allow us to agree without the simultaneous physical presence of both You and Us, and the Contract is thus concluded remotely in the online shop environment, through the website interface ("e-shop interface").

If any part of the Terms conflicts with what we have jointly agreed during the process of your purchase on Our e-shop, the specific agreement will take precedence over the Terms.

1. SOME DEFINITIONS

1.1. Price: The amount you will pay for the Goods;

1.2. Shipping Fee: The amount you will pay for the delivery of Goods, including the cost of packaging;

1.3. Total Price: The sum of the Price and Shipping Fee;

1.4. VAT: Value-added tax as per applicable legal regulations;

1.5. Invoice: A tax document issued in accordance with the VAT Act for the Total Price;

1.6. Order: Your binding proposal to conclude a Contract for the purchase of Goods with Us;

1.7. User Account: An account created based on the information you provide, allowing the storage of entered data and order history;

1.8. You: The person purchasing from our online shop, legally referred to as the buyer;

1.9. Goods: Everything you can purchase from the online shop.

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of Goods is only possible through the e-shop interface.

2.2. When purchasing Goods, you are required to provide us with all the information correctly and truthfully. We will consider the information you provide in the Order to be correct and truthful.

2.3. Our e-shop also provides access to product reviews made by other consumers. We ensure the authenticity of such reviews by linking them to specific orders, meaning that our internal system shows the linked order ID for each review, allowing us to verify that the review is from a real consumer.

3. CONCLUSION OF THE CONTRACT

3.1. The Contract can only be concluded in English.

3.2. The Contract is concluded remotely through the e-shop, and the costs of using remote communication means are borne by You. However, these costs do not differ from the basic rate you pay for the use of these means (primarily for internet access), and we do not charge any additional costs beyond the Total Price. By submitting an Order, you agree to the use of remote communication means.

3.3. To conclude the Contract, you need to create an Order in the e-shop. This Order must include the following details:

Information about the Goods being purchased (in the e-shop, you indicate the Goods you wish to purchase by clicking the "Add to Cart" button);
Information about the Price, Shipping Fee, payment method, and preferred delivery method for the Goods; these details will be entered during the Order process, and the Price, Shipping Fee, and Total Price will be automatically displayed based on your selected Goods, delivery method, and payment method;
Your identification and contact information for delivery purposes, including your name, surname, delivery address, phone number, and email address.

3.4. During the Order process, you can modify and review the details until the Order is completed. After reviewing the details, click the "Order with Obligation to Pay" button to complete the Order. Before clicking this button, you must confirm your acknowledgment and agreement with these Terms; otherwise, it will not be possible to complete the Order. This confirmation and agreement are provided via a checkbox. Once you click the "Order with Obligation to Pay" button, all entered information will be sent directly to Us.

3.5. We will confirm your Order as soon as possible after it is received by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment. The Terms, in effect on the date of the Order, form an integral part of the Contract. By confirming the Order, the Contract between You and Us is concluded.

3.6. There may be situations where we cannot confirm your Order. This primarily occurs if the Goods are not available or if you order a larger quantity of Goods than we can provide. We will always inform you in advance through the e-shop if there is a limit on the quantity of Goods, so this should not come as a surprise. If any reason arises that prevents us from confirming the Order, we will contact you and provide an offer to conclude the Contract in a modified form. The Contract is concluded when you accept our offer.

3.7. If an incorrect Price is displayed in the e-shop or in the Order, we are not obligated to deliver the Goods to you at that Price, even if you have received an Order confirmation and the Contract has thus been concluded. In such a situation, we will contact you immediately and provide an offer to conclude a new Contract in a modified form. The new Contract is concluded when you accept our offer. An obvious error in the Price may include situations where the Price significantly deviates from the usual price among other sellers or if a digit is missing or added.

3.8. Once the Contract is concluded, you are obligated to pay the Total Price.

3.9. If you have a User Account, you can place an Order through it. In this case, you are still required to verify the correctness, truthfulness, and completeness of the pre-filled information. The process for creating an Order is the same as for a buyer without a User Account, with the added advantage that you do not need to re-enter your identification details.

3.10. In some cases, we may offer discounts on the purchase of Goods. To receive a discount, you must enter the discount information in the designated field during the Order process. If you do so, the Goods will be provided at a discounted price.

4. USER ACCOUNT

4.1. Based on your registration in the e-shop, you can access your User Account.

4.2. When registering a User Account, you are required to provide all information correctly and truthfully, and to update it in case of any changes.

4.3. Access to the User Account is secured by a username and password. It is your responsibility to maintain the confidentiality of these login details and not provide them to anyone else. We are not liable for any misuse of your User Account.

4.4. The User Account is personal and may not be shared with third parties.

4.5. We may cancel your User Account if it has not been used for more than 2 years, or if you violate your obligations under the Contract.

4.6. The User Account may not be available continuously, especially due to necessary maintenance of hardware and software.

5. PRICING AND PAYMENT TERMS, RETENTION OF OWNERSHIP

5.1. The Price is always stated in the e-shop, in the Order proposal, and, of course, in the Contract. In the event of a discrepancy between the Price listed in the e-shop and the Price in the Order, the Price in the Order will apply, which will always be identical to the price in the Contract. The Order proposal also includes the Shipping Fee, or the conditions for free shipping if applicable.

5.2. The Total Price is stated, including VAT and all legally prescribed fees.

5.3. We will request payment of the Total Price after the Contract is concluded and before delivering the Goods. You can pay the Total Price using the following methods:

Bank Transfer: We will send you payment information in the Order confirmation. In the case of a bank transfer, the Total Price is due within 24 hours.
Online Card Payment: Payment is made via the Shoptet pay payment gateway, governed by the gateway's terms available at [TO BE COMPLETED]. In the case of an online card payment, the Total Price is due within 24 hours.
Cash on Delivery: Payment upon delivery of Goods. In this case, the Total Price is payable upon receipt of the Goods.
Cash on Personal Pickup: Goods can be paid for in cash if collected at Our premises. In this case, the Total Price is payable upon receipt of the Goods.

5.4. The Invoice will be issued electronically after the Total Price is paid and will be sent to your email address. It will also be physically included with the Goods and available in the User Account.

5.5. Ownership of the Goods passes to You only after you have paid the Total Price and taken possession of the Goods. In the case of a bank transfer, the Total Price is considered paid when credited to Our account; in other cases, payment is made at the time of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK

6.1. The Goods will be delivered to you no later than 5 days after the Contract is concluded, in accordance with your chosen delivery method:

Personal Pickup at Our Premises as listed;
Personal Pickup at Zásilkovna or Uloženka collection points;
Delivery via courier services such as Česká pošta, PPL CZ, DHL, or Zásilkovna.

6.2. Goods can only be delivered within the Czech Republic.

6.3. Delivery time always depends on the availability of the Goods, the selected delivery method, and the payment method. The expected delivery time will be stated in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal pickup at Our premises, you will always be informed via email when the Goods are ready for pickup.

6.4. Upon receiving the Goods from the carrier, you are obliged to check the integrity of the Goods' packaging and immediately inform the carrier and Us if there are any defects. If the packaging is damaged, indicating unauthorized tampering, you are not obliged to accept the Goods.

6.5. If you fail to accept the Goods, except for cases covered under Section 6.4 of the Terms, this does not constitute a breach of Our obligation to deliver the Goods. However, We may withdraw from the Contract due to your substantial breach, or store the Goods, for which we are entitled to compensation of 200 CZK per day. If We decide to withdraw from the Contract, such withdrawal is effective on the day it is delivered to You. Withdrawal from the Contract does not affect our right to claim Shipping Fee compensation or damages if any.

6.6. If, for reasons on your part, the Goods are delivered repeatedly or in a different manner than agreed, you are required to reimburse Us for the associated costs. Payment information for these costs will be sent to your email address and is due 14 days from receipt.

6.7. The risk of damage to the Goods passes to You at the moment of receipt. If you fail to accept the Goods, except for cases covered under Section 6.4 of the Terms, the risk of damage passes to You when you could have taken possession of them but failed to do so for reasons on your part. The transfer of risk of damage means that from this point on, you bear all consequences related to the loss, destruction, damage, or deterioration of the Goods.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of the transfer of risk, the Goods are free from defects, particularly that the Goods:

Match the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and other agreed characteristics;
Are suitable for the purpose you require and that We agreed upon;
Are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
Are fit for the purpose for which Goods of this type are normally used;
Match the quality and other properties typical of Goods of the same type, including durability, functionality, compatibility, and safety, which you can reasonably expect;
Are supplied with accessories, including packaging, assembly instructions, and other instructions, which you can reasonably expect; and
Conform in quality or performance to the sample or template provided before the Contract was concluded.

7.2. If the Goods do not meet the above criteria, you may notify Us of the defect and exercise your rights from defective performance (i.e., make a complaint) by sending an email or letter to Our address listed in Our identification details or in person at Our premises. When making a complaint, you must specify the defect and your preferred method of complaint resolution. You cannot change your choice without Our consent.

7.3. If the Goods have a defect, you have the following rights:

To have the defect removed by delivering new Goods without defects or by delivering the missing parts;
To have the defect removed by repair of the Goods;
To receive a reasonable discount from the Price; or
To withdraw from the Contract.

7.4. Your right to withdraw from the Contract or receive a discount does not apply if We are able to deliver new, defect-free Goods or repair the Goods, and this is done promptly without significant inconvenience to You.

7.5. We will resolve the complaint as soon as possible, but no later than 30 days after it is made, unless we agree otherwise. After this period, you may withdraw from the Contract or request a reasonable discount.

7.6. We will confirm receipt of the complaint and its resolution in writing. In the case of a justified complaint, you are entitled to reimbursement of the costs associated with making the complaint.

7.7. If you are an entrepreneur, you must inspect the Goods as soon as possible after the transfer of risk and inform Us of any defects without undue delay. If you fail to do so, your rights from defective performance expire.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its inception, can occur for the reasons and in the ways specified in this article or other provisions of the Terms that explicitly allow withdrawal.

8.2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the conclusion of the Contract, or, in the case of Goods, within 14 days of their receipt. If the Contract involves multiple items or parts, the withdrawal period starts on the day of the delivery of the last item or part. If the Contract involves regular and repeated delivery of Goods, the withdrawal period starts on the day of the first delivery.

8.3. You can withdraw from the Contract in any verifiable manner, especially by sending an email or letter to Our addresses listed in Our identification details. You may also use the sample withdrawal form provided by Us, which is attached as Annex No. 2 to the Terms.

8.4. The withdrawal period under Section 8.2 of the Terms is deemed to have been observed if you send notice of withdrawal within the period.

8.5. If you withdraw from the Contract under Section 8.2 of the Terms, you must return the Goods to Us within 14 days of withdrawal and bear the costs of returning the Goods. You are entitled to a refund of the Shipping Fee, but only up to the amount of the cheapest offered delivery method. In the event of withdrawal due to Our breach of the Contract, We will also cover the return costs, again only up to the Shipping Fee corresponding to the cheapest offered delivery method.

8.6. If you withdraw from the Contract, the Price will be refunded within 14 days of the effective date of withdrawal to the account from which it was paid or to an account specified in the withdrawal notice. However, the refund will not be made until the Goods are received or you provide proof that they were sent back to Us. Please return the Goods clean and, if possible, in their original packaging.

8.7. If you withdraw from the Contract under Section 8.2 of the Terms, you are responsible for any reduction in the value of the Goods resulting from handling them in a manner other than necessary to understand their nature, characteristics, and functionality, i.e., as you would in a physical store. If We have not yet refunded the Price, We are entitled to offset the claim for compensation for the reduction in value against your claim for a refund.

8.8. We may withdraw from the Contract at any time before delivering the Goods if there are objective reasons why it is not possible to deliver the Goods (especially due to third-party issues or the nature of the Goods), even before the period specified in Section 6.9 of the Terms. We may also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. If you purchase Goods as part of your business activities, i.e., as an entrepreneur, We may withdraw from the Contract at any time without giving a reason.

9. RESOLUTION OF CONSUMER DISPUTES

9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

9.2. Consumer complaints are handled via the email address contact.senseseu@gmail.com. Information about the resolution of a complaint will be sent to the buyer's email address.

9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent to resolve consumer disputes arising from the Contract out of court. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer, who is a consumer, arising from a purchase contract concluded electronically.

9.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution.

10. FINAL PROVISIONS

10.1. If Our and Your legal relationship contains an international element (e.g., we will send Goods outside the Czech Republic), the relationship will always be governed by Czech law. However, this agreement does not affect your rights as a consumer under applicable law.

10.2. All written communication between You and Us will be conducted via email. Our email address is listed in Our identification details. We will send correspondence to your email address provided in the Contract, User Account, or through which you contacted us.

10.3. The Contract can only be amended by mutual written agreement. However, We are entitled to change and supplement these Terms, which will not affect Contracts already concluded but only those concluded after the effective date of the change. We will inform you of the change only if you have created a User Account (so that you have this information if you place a new Order, but the change does not establish a right of termination, as we do not have an ongoing Contract that could be terminated), or if We are to deliver Goods to you regularly and repeatedly based on the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive termination of the regular and repeated Goods supply Contract from you within 14 days of sending the information, the new terms become part of our Contract and apply to the next Goods delivery following the effective date of the change. The notice period is 2 months if you decide to terminate.

10.4. In the case of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational disruptions, supplier failures, etc.), we are not liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.

10.5. The Terms include a sample complaint form and a sample withdrawal form as Annexes 1 and 2.

10.6. The Contract, including the Terms, is archived electronically by Us but is not accessible to You. However, you will always receive these Terms and the Order confirmation with the Order summary by email, ensuring that you always have access to the Contract without Our assistance. We recommend saving the Order confirmation and Terms.

10.7. These Terms are effective as of 10 November 2024.

Annex No. 1: Complaint Form

Complaint Form for Defective Goods

Maisondargile s.r.o.
Address: Za Poříčskou bránou 259/11, Karlín, 186 00 Prague
Email: contact.senseseu@gmail.com
Phone: +420604339117

Buyer's Details:

Name and Surname: .................................................

Address: ..........................................................................

Email: ................................................................................

Phone Number: .........................................................

Order Details:

Order Number: ........................................................

Date of Order: .........................................................

Date of Receipt of Goods: .......................................

Description of Defect:

.......................................................................................

Preferred Method of Resolution (repair, replacement, discount, withdrawal from Contract): ...............................................................

Date: ...................................................

Signature: ...........................................

Annex No. 2: Withdrawal Form

Withdrawal Form from Purchase Contract