Sensor Equipment s.r.o.
with its registered office at Netřebská 1115/47, 161 00 Prague 6
VAT identification number: CZ07687451
for the sale of goods via an online shop located on the web page https://www.sensoreq.com.
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Sensor Equipment s.r.o. with its registered office at Netřebská 1115/47, 161 00 Prague 6, ID: 07687451 VAT identification number: CZ07687451, registered in the commercial register kept by the Municipal Court in Prague, Section C, File 305503 (hereinafter referred to as the “Seller”) is regulated in accordance with the provision of § 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “the Civil Code”) mutual rights and obligations of the parties arising from the basis of a Sales Contract (hereinafter referred to as “the Sales Contract”) concluded between the Seller and another natural person (hereinafter referred to as “the Buyer”) through the Seller's online store. The online store is run on a web page located on address https://sensoreq.com (hereinafter referred to as “the web page”) via web page interface (hereinafter referred to as “the online store web interface”).
1.2. The Terms and Conditions do not apply to cases when a person intending to buy products from the Seller is a legal person or a person who orders products within their own business activities or within their own profession.
1.3. Provisions differing from the Terms and Conditions can be negotiated in the Sales Contract. Differing provisionss in the Sales Contract take precedence over provisions of the Terms and Conditions.
1.4. Provisions contained in the Terms and Conditions are inseparable parts of the Sales Contract. The Sales Contract and the Terms and Conditions are drawn up in the Czech language. The Sales Contract can be concluded in the Czech language.
1.5. The Seller may amend or supplement wording of the Terms and Conditions. This provision doesn't influence rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.
2. USER ACCOUNT
2.1. Buyers can access their user interface on the basis of the Buyer's registration on the web page. Buyers can order products from their user interface (hereinafter referred to as the “User Account”). If provided by the online store web interface, the Buyer may also order products without registration directly from the online store web interface.
2.2. When registering and ordering products on the web page, the Buyer is obligated to ensure that all information submitted is correct and true. The Buyer is obligated to update the information stated in the User Account in the event of any change. The information stated by the Buyer in the User Account and in the course of product order shall be considered as valid by the Seller.
2.3. Access to the User Account is secured by a user name and a password. The Buyer is required to maintain the confidentiality of information necessary to access their User Account.
2.4. The Buyer is not authorized to permit the use of a User Account by third parties.
2.5. The Seller is allowed to cancel a User Account, especially if the Buyer does not use their User Account for a period exceeding one year or if the Buyer is in breach of their obligations under the Sales Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially in regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE SALES CONTRACT
3.1. All presentations of the goods placed in the online store web interface are of an informative character and the Seller is not obliged to conclude a Sales Contract of such products. The provisions of § 1732 (2) of the Civil Code is not applied.
3.2. The online store web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot, by their nature, be returned by the usual postal route. Quoted prices of the products include value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed on the online store web interface. This provision does not restrict the possibility of the Seller to conclude a Sales Contract under individually negotiated terms.
3.3. The online store web interface also includes information on the cost of the packaging and delivery of the products. Information on the costs associated with the packaging and delivery of the products listed in the shop's web interface is valid only in cases when the products are delivered within the region of the Czech Republic.
3.4. To order products, the Buyer must fill in the order form in the online store web interface. The order form includes, in particular, information about:
3.4.1. ordered products (the Buyer "places" good in the electronic shopping basket of the shop's web interface),
3.4.2. the method of payment of the purchase price of the products, details of the requested delivery method of ordered products, and
3.4.3. information on the costs associated with the supply of products (hereinafter referred to as "the order").
3.5. Before sending the order to the Seller, the Buyer is allowed to check and modify the data stated by the Buyer in the order, including the option of the Buyer to detect and correct any errors that occur when entering data during the ordering process. The Buyer then sends the order to the Seller by clicking on the "Confirm order" button. The information for the Seller stated in the order is considered to be correct. On receipt of the order, the Seller acknowledges such receipt to the Buyer by e-mail to the Buyer's e-mail address as listed in their User Account or in the order (hereinafter referred to as "the Buyer's e-mail address").
3.6. The Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone) at any time, depending on the character of the order (quantity of products, purchase price, estimated shipping costs).
3.7. The contractual relationship between the Seller and the Buyer arises on delivery of the order acceptance, which the Seller sends to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The Buyer agrees to the use of remote means of communication when entering the Sales Contract. Costs incurred by the Buyer when using remote means of communication in connection to the conclusion of the Sales Contract (costs of Internet connection, telephone call costs) are covered by the Buyer, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The Buyer can make a payment of the goods price and any costs associated with the delivery of the goods according to the Sales Contract in the following ways:
4.1.1. cash on delivery at the place specified by the Buyer in the order;
4.1.2. by bank transfer to Seller's Account No. 2101540216/2010, maintained by Fio banka (hereinafter referred to as “Seller's Account”);
4.1.3. By cashless payment card via GoPay payment system.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed price. Unless stated otherwise, the purchase price further includes the costs associated with the delivery of the goods.
4.3. The Seller does not request a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
4.4. In case of cash on delivery payment, the purchase price is to be paid when receiving the goods. In case of cashless payment, the purchase price is to be payable within 14 days after the Sales Contract is concluded.
4.5. In case of cashless payment, the Buyer is required to enter the variable symbol of the payment when paying the purchase price of the products. In case of cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment when relevant price is credited to the Seller's Account.
4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of § 2119 (1) of the Civil Code is not applied.
4.7. It is not possible to combine any discounts on price of goods provided by the Seller to the Buyer.
4.8. If it is customary in trade, or if it is stipulated by statutory regulations, the Seller is to issue a tax document (invoice) to the Buyer in respect of payments made under the Sales Contract. The Seller is a payer of VAT. The tax document - invoice is issued by the Seller to the Buyer after payment of the goods price and sent in electronic form to the Buyer's email address or in paper form to the Buyer's billing address.
5. WITHDRAWAL FROM THE SALES CONTRACT
5.1. The Buyer acknowledges that, under § 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a Sales Contract for the supply of products that are adjusted according to the wishes of the Buyer, from a Sales Contract for the delivery of perishable products, which after the delivery were irrevocably mixed with other products or from a Sales Contract for the supply of products in sealed packaging which the consumer takes out of the packaging and cannot be returned for hygienic reasons and from a Sales Contract of a sound or image recording or a computer program if the packaging is damaged.
5.2. If it is not the case referred to in Article 5.1 of the Terms and Conditions or any other case where the Sales Contract cannot be withdrawn, the Buyer has the right to withdraw from the Sales Contract in accordance with § 1829 (1) of the Civil Code within fourteen (14) days since receipt of the goods, and if the Sales Contract is for several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Sensor Equipment s.r.o. enables its customers to extend the withdrawal period to a total of 30 days. Notice of withdrawal from the Sales Contract must be sent to the Seller within the time limit specified in the previous clause. For withdrawal from the Sales Contract, the Buyer can use the sample form provided by the Seller, which is attached to the Terms and Conditions. Withdrawal from the Sales Contract can be sent, inter alia, to the Seller's premises (Netřebská 1115/47, 161 00 Prague 6) or to the Seller's e-mail address firstname.lastname@example.org.
Download sample document Withdrawal from Sales Contract
5.3. In case of withdrawal from the Sales Contract pursuant to Article 5.2 of the Terms and Conditions, the Sales Contract is cancelled from the beginning. The Buyer must return the products to the Seller within thirty (30) days since delivery of the notice to withdraw from the Sales Contract to the Seller. If the Buyer withdraws from the Sales Contract, the costs of returning the products to the Seller are carried by the Buyer, even if the character of the products means that they cannot be returned by the normal postal route.
5.4. In case of withdrawal from the Sales Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller returns the funds received from the Buyer within fourteen (14) days since withdrawal from the Sales Contract in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning of the goods or otherwise if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Sales Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that they sent the goods to the Seller.
5.5. The Seller is entitled to unilaterally settle a claim for damages against the Buyer's claim for the return of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Sales Contract in accordance with § 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Sales Contract at any time until the Buyer accepts the goods. In such a case, the Seller reimburses the Buyer for the purchase price without undue delay to the account specified by the Buyer.
5.7. If a gift is provided together with the goods, a gift agreement between the Seller and the Buyer is entered into on condition that, if the Buyer withdraws from the Sales Contract, the gift agreement expires and the Buyer is obliged to return the goods together with the gift provided by the Seller.
5.8. The Seller reserves the right to withdraw from the Contract in case of impossibility to dispatch the order, long-term unavailability of the product or incorrectly stated price of the goods or to propose different procedure to solve the order.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the Buyer has any special requests considering transport, they bear the risk of any additional costs associated with this mode of transport.
Delivery of consignments by contract carriers:
188.8.131.52. Collecting consignment in person: The order can be picked up on the same day on which it was placed and confirmed but only if the ordered goods are in stock. In other cases, the Seller will inform the Buyer of the following procedure and the expected date of the goods delivery. Orders can be picked up during working hours (weekdays from 10.00 - 17.00), there is also a possibility to pick up the consignment after the mutual agreement between the Seller and the Buyer. Address for personal collection of goods: Sensor Equipment s.r.o., Netřebská 1115/47, 161 00 Prague 6, Czech Republic.
184.108.40.206. Czech Post, DPD, PPL, Geis: Price does not include any additional services. If the Buyer cannot be reached, they will receive a delivery notice in the mailbox. The Buyer can then pick up the consignment at the post office or ask for its re-delivery. The Seller cannot influence or monitor the consignment in more detail than the Buyer. After the consignment is sent, the Buyer receives an e-mail with the tracking information of the consignment. The maximum weight of one package is 100 kg. For some particularly bulky, heavy or otherwise poorly transportable products, the shipping cost can increase.
220.127.116.11. Uloženka, Slovak Post: the price does not include any additional services. If the Buyer cannot be reached by the Slovak Post, they will receive a delivery notice in their mailbox. The Buyer can then pick up the consignment at the post office or ask for its re-delivery. Consignments carried by Uloženka are stored on Ulozenka.cz branch network. For such consignments, the Seller has no possibility to influence the delivery of the consignment in any way, speed up the delivery or otherwise monitor it more closely. The maximum weight per package is only 15kg. For some particularly bulky, heavy or otherwise poorly transportable products, the shipping cost may increase.
6.2. Postage (unless stated otherwise or otherwise agreed between the Buyer and the Seller) is charged according to the current price list of the company "Sensor Equipment s.r.o.", which is available under the following link: http://sensoreq.com/content/doprava-a -platba-zbozi
6.3. If the Seller is obliged to deliver the products to a place specified in the order, the Buyer is obliged to take over the products upon delivery.
6.4. If, for the Buyer's reasons, it is necessary to deliver the goods repeatedly or in a manner other than that one specified in the order, the Buyer is obliged to meet the costs associated with the repeated delivery of the goods, and/or the costs associated with the other means of delivery.
6.5. Upon the receipt of the goods from the carrier, the Buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of breaching the packaging, indicating unauthorised entry into the consignment, the Buyer is not required to accept the consignment from the carrier.
6.6. Other rights and obligations of the Contractual parties in the transport of products can be governed by the Seller's special terms and conditions of delivery if such were issued by the Seller.
7. DEFECTIVE PERFORMANCE RIGHTS
7.1. The rights and obligations of the contractual parties regarding rights in the event of defective performance are governed by the applicable generally binding statutory regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the Consumer Protection Act 634/1992 Coll., as amended).
7.2. The Seller is responsible for ensuring the goods are free of defects. Particularly, the Seller is responsible to the Buyer that during the takeover of the goods:
7.2.1. the products have the properties agreed upon by the contractual parties, and if no agreement is in place, the products shall have the properties as described by the Seller or the manufacturer or which the Buyer was expecting with regards to the format of the products and on the basis of what was implied in the advertisement,
7.2.2. the products are suitable for the purpose indicated by the Seller or for which products of this type are normally used,
7.2.3. the products correspond to the quality or design of the agreed sample or original if the quality or design was determined on the basis of the agreed sample or original,
7.2.4. the products are provided in the appropriate quantity, degree or weight and
7.2.5. the products are compliant with statutory requirements.
7.3. provisions referred to in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear of the goods caused by its normal use, if it is due to the nature of the goods, when receiving by the Buyer.
7.4. If a defect occurs within six months of the receipt, it is deemed that the product was defective at the time of the receipt. The Buyer is entitled to apply the right from a defect that occurs in consumer goods within twenty-four months after the receipt.
7.5. The Buyer applies the rights from defective performance at the address of commercial premises of the Seller at which acceptance of the complaint is possible with regard to the range of goods sold, or even at the Seller's registered office.
7.6. Other rights and obligations of the Contracting Parties related to the Seller's liability for defects can be regulated by the Seller's claim rules.
8. RETURN POLICY AND WARRANTY PERIOD
8.1. If the goods purchased by the Buyer from the Seller is damaged or non-functional, the Buyer proceeds according to the complaint procedure. Return of the goods due to withdrawal (i.e. within the 30-day period set by the Seller) is described in Article 5 of the Terms and Conditions.
8.2. Products subjected to the right to make a complaint must be submitted for assessment immediately after the defect is discovered, must be clean and with appropriate documents and a description of the defect, eventually marked with the defect location.
8.3. Procedure for warranty claim of goods:
8.3.1. The Buyer will fill out the Claim Form under the following link: http://sensoreq.com/content/reklamacni-formular
8.3.2. The Seller will contact the buyer within 1-2 working days with a proposal of solution.
8.3.3. If the Seller suggests replacing the goods with another piece or needs to test the goods first, the Buyer will send the product to: Sensor Equipment s.r.o., Netřebská 1115/47, 161 00 Prague 6, Czech Republic.
8.3.4. Unless the Seller and the Buyer agree otherwise, the transport of the claimed goods is paid by the Buyer. If the Buyer asks the Seller to reimburse the costs associated with the claim of goods that were assessed as recognized (e.g. postage costs), the Buyer is obliged to reimburse these costs. The claimed goods must be complete (including accessories and all documentation). The Buyer attaches the receipt of the goods. The Seller warns the Buyer to always use wrapping paper or cardboard when packing the consignment so that the original packaging of the goods cannot be plastered, labelled or otherwise damaged during transport. The Seller reserves the right not to accept the claimed goods, which will be sent as cash on delivery. The Seller recommends the Buyer to insure the goods.
If the Seller finds the claimed goods defective or damaged, the goods will be replaced or the Buyer will be returned the purchase price of the goods.
The Seller assumes no liability for damages resulting from the operation with the products and improper use of products as well as for damage caused by external events and incorrect handling. Such types of defects are not covered by the warranty.
8.4. Warranty period
8.4.1. The Buyer always finds a tax document in the package. The warranty period begins on the date indicated on the document. The warranty period is given on the web page of the Seller for each product in the details of the goods, if not, the warranty period is automatically 24 months. In doubtful cases, the warranty period may be extended by five (5) days as a replacement for the time of transport.
8.4.2. The goods are provided by the company “Sensor Equipment s.r.o.” the warranty period stated by law. In case of used goods purchase, the warranty period is 12 months.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The Buyer acquires ownership of the products by paying the full purchase price of the products.
9.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 (1) section e) of the Civil Code
9.3. Consumer complaints are handled by the Seller via the e-mail address email@example.com. The Seller sends the Buyer information on the processing of their claim to the Buyer's e-mail address.
9.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs is authorized to resolve potential extrajudicial disputes arising from the Sales Contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Sales Contract.
9.5. 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 pursuant to Regulation (EU) No. Commission Regulation (ES) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (ES) No. 2006/2004 and Directive 2009/22 /ES (Online Consumer Dispute Resolution Regulation).
9.6. The Seller is authorised to sell goods on the basis of a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision of personal data protection area is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll. on consumer protection, as amended by later regulations.
9.7. The Buyer hereby accepts the risk of a change in circumstances in the sense of § 1765 (2) of the Civil Code.
10. PERSONAL DATA PROTECTION
10.1. The obligation to inform the Buyer within the meaning of Article 13 Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/ES (General Data Protection Regulation) ('the GDPR Regulation') processing of personal data of the Buyer for the purpose of performance of the Sales Contract, for the purpose of negotiating the Sales Contract and for the fulfilment of the public obligations of the Seller performs the Seller through a separate document.
11. SENDING BUSINESS MESSAGES AND STORING COOKIES
11.1. The Buyer agrees within the meaning of § 7 (2) of Act No. 480/2004 Coll., on certain Information Company Services and on Amendments to certain Acts (Act on Certain Information Company Services), as amended, with sending commercial communications to the Buyer's electronic address or telephone number. The Seller fulfils its obligation to inform the Buyer within the meaning of Article 13 of GDPR relating to the processing of Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
11.2. Data obtained by “Sensor Equipment s.r.o.” serves for identification purposes only when purchasing at Sensor Equipment s.r.o. and will not be provided to third parties or otherwise misused. By confirming the registration and choosing to receive "news", the Buyer agrees to receive offer e-mails from the online store of "Sensor Equipment s.r.o.", in accordance with Act no. 480/2004 Coll. about some information services.
11.3. The textual and graphic content of the offer e-mails as well as the textual and graphic content of the web page is the sole property of the author of "Sensor Equipment s.r.o.". Copying or other misuse of the text and the graphic content of the web page without the author's permission is prohibited.
11.4. The Buyer agrees to store the so-called Cookies on his computer. If it is possible to make the purchase on the web page and the Seller's obligations under the Sales Contract are met without the so-called cookies being stored on the Buyer's computer, the Buyer may withdraw their consent under the previous clause at any time.
11.5. Consumer satisfaction questionnaire - Heureka "Verified by customers": The Buyer ascertains customers' satisfaction with the purchase by means of e-mail questionnaires within the “Verified by Customers” program in which his e-shop is involved. Questionnaires are sent by the Seller after each purchase, if the Buyer within the meaning of § 7 (3) of Act No. 480/2004 Coll. on certain information company services will not refuse to receive them. The processing of personal data for the purpose of sending questionnaires within the “Verified by Customers” programme is carried out by the Seller on the basis of their legitimate interest in determining customers' satisfaction with the purchase. For sending questionnaires, evaluating feedback and analysing its market position, the Seller uses the processor, the operator of the Heureka.cz portal; For this purpose, the Buyer may pass information about the purchased goods and the Buyer's email address. Buyer’s personal information is not passed on to any third party when sending e-mail questionnaires for its own purposes. The Buyer may object at any time to the sending of questionnaires in the “Verified by Customers” program by rejecting additional questionnaires using the link in the questionnaire email.
12.1. Deliveries may be made to the Buyer's e-mail address.
13. FINAL PROVISIONS
13.1. If the relationship based on the Sales Contract contains an international (foreign) element, then the contracting parties agree that the relationship is governed by the Czech law. By choosing the right under the preceding clause, the Buyer who is a consumer is not deprived of the protection afforded by the provisions of the legal order from which there is no contractual deviation and which would be otherwise applied in the absence of choice of law under Article 6 (1) of Regulation (ES) No. 593/2008 of the European Parliament and the Council from 17 June 2008 on the law applicable to contract obligations (Roman I).
13.2. If any provision of these Terms and Conditions is invalid or ineffective or becomes invalid, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
13.3. The Sales Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
13.4. A standard form for withdrawal from the Sales Contract is attached to the Terms and Conditions.
13.5. Seller's contact information: Postal address: Sensor Equipment s.r.o., Netřebská 1115/47, 161 00 Prague 6, Czech Republic. E-mail address: firstname.lastname@example.org. Phone +420 777 890 070.
In Prague on 10.3.2020