The General Terms and Conditions are governed by applicable Czech legislation. They contain delivery terms, claim form and sample withdrawal form.
Terms and conditions of company Sense Coco s.r.o.
CONTENT:
INTRODUCTORY PROVISIONS
These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of Sense Coco sro, with its registered office at Vršovická 1158/75, Vršovice, 100 00 Praha 10, IN: 05733219, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, 269241 (hereafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising out of or in connection with the purchase of goods in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (Hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another individual (the "Buyer") via the Seller's Internet Store. The online shop is operated by the seller on a web site located at www.sensecoco.com (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the shop").
Business conditions do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
Provisions derogating from the terms of business can be negotiated in the special sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The contract can be concluded only in the Czech language.
Business conditions as well as legal relations between the seller and the buyer are governed by the generally binding legal regulations of the Czech Republic, the Civil Code and also by Act No. 634/1992 Coll., On Consumer Protection, as amended.
The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
CLOSING OF THE BUYER CONTRACT
By signing the agreement, the buyer agrees to these terms and conditions and undertakes to abide by them.
All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases when the goods are delivered within the territory of the Czech Republic or Slovakia.
To order the goods, the buyer will fill in the order form in the web interface of the store. In particular, the order form contains information about:
Ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
The method of payment of the purchase price of the goods, details of the required delivery of the ordered goods and
Information on the costs associated with the supply of goods (collectively referred to as "the order").
Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the "Order" button. The information given in the order is considered correct by the seller. The order is a proposal for the conclusion of the purchase contract. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer's email address listed in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
Seller is always entitled to ask the buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance) sent to the buyer by e-mail to the buyer's e-mail address.
The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate..
PRICE OF GOODS AND PAYMENT CONDITIONS
The buyer may pay the buyer to the price of the goods and any costs associated with the delivery of the goods under the sales contract in the following ways:
In cash at the seller's premises at Moravcova 7, 250 72 Kojetice;
on delivery at the place specified by the buyer in the order;
By wire transfer to Seller's account No. 9806979028, maintained with Raiffeisen Bank, (hereinafter referred to as the "Seller Account");
Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate and amount payable on delivery. Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood.
The seller does not require an advance or any other similar payment from the buyer. This is without prejudice to the provisions of Article 4.7. Terms and conditions regarding the obligation to pay the purchase price in advance.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 7 days of the purchase contract being concluded.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
Any discounts on the price of goods provided by the seller to the buyer can not be combined.
On the basis of the purchase contract, the seller will issue the invoice to the buyer. The seller is a taxpayer of value added tax. Tax document - the invoice is issued by the seller to the buyer after the price has been paid and sent to the purchaser in electronic form at the buyer's electronic address.
WITHDRAWAL FROM THE BUYER'S CONTRACT
The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or for him, from the purchase contract for the delivery of goods subject to rapid perishable goods , Which after the delivery was irreversibly mixed with other goods and from the purchase contract for the supply of goods in sealed packaging, which the consumer exempted from the packaging and could not be returned for hygienic reasons.
If the case is not referred to in Article 5.1 of the Commercial Terms and Conditions or in another case when the purchase contract can not be withdrawn, the Purchaser shall withdraw the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to 14 ) From the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller's premises - Moravcova 7, Kojetice 250 72, or demonstrably to the seller's e-mail address.
In the case of withdrawal from the Purchase Contract in accordance with Article 5.2 of the Business Terms, the Purchase Agreement is abolished from the outset. Goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
In the event of withdrawal under Article 5.2 of the Terms and Conditions of Sale, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided the buyer agrees and does not incur additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
The Seller is entitled to indemnify one party against the buyer's claim for a refund of the purchase price.
In cases where the buyer has the right to withdraw from the sales contract in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the sales contract at any time until the buyer has received the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the account specified by the buyer.
If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement will expire and the buyer is obliged to return the goods together with the seller Provided gift.
The seller is entitled to withdraw from the contract with the buyer in the following cases: the goods are no longer manufactured or delivered or the price of the goods has changed significantly; It is not possible to deliver to the seller the goods from the supplier of the seller for the originally stated price, as well as in the case of a manifest error in the price of the goods (ie prices clearly different from the price for this type / type of goods). In the event that this happens, the seller will immediately contact the buyer to agree on the next steps. If the buyer has already paid part or the full amount of the purchase price, this amount will be transferred back to his account or address as soon as possible, within 10 business days, but no later than 30 days after the order is canceled by the seller.
TRANSPORT AND SUPPLY OF GOODS
The goods ordered by the seller are delivered to the buyer via Zasilkovna or PPL CZ s.r.o. Delivery is provided by sellers from the Czech Republic and Slovakia.The seller shall indicate the cost of such delivery for each delivery method. The way of delivery of the goods is determined by the buyer in his / her order by choosing from the following options:
Personal collection at the seller's premises at Moravcova 7, 250 72 Kojetice (free of charge)
PPL at the Czech Republic
- when the order is less than or equal to CZK 1,000, the transport price is CZK 100
- when ordering over CZK 1,000, the transport price is 0, - CZK, ie free of charge
Zasilkovna at the Czech Republic
when the order is less than or equal to CZK 1,000, the transport price is CZK 59
- when ordering over CZK 1,000, the transport price is 0, - CZK, ie free of charge
PPL to Slovakia
- when the order is worth less than or equal to CZK 1,000, the transport price is 340, - CZK.
- when ordering over CZK 1,000, the transport price is 240, - CZK.
If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
In the event that, for reasons of buyer's need to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. Costs associated with another delivery method.
Upon receipt of the goods from the transporter, 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 a violation of the package indicating unauthorized entry into the consignment, the buyer is not required to take delivery of the consignment from the carrier.
Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
THE RIGHTS OF OCCURRING FULFILLMENT
The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Law No. 634/1992 Coll., On Consumer Protection, As amended) and the valid claim form of the seller, the text of which is available, inter alia, at www.sensecoco.com.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
Buyer acquires ownership of the goods by paying the full purchase price of the goods.
Seller is not bound by any code of conduct in relation to the buyer in the sense of Section 1826 (1) E) the Civil Code.
Consumer complaint handling is provided by the seller via the electronic address shop@sensecoco.com Buyer's complaint information will be sent by the seller to the buyer's electronic address.
The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, IN: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22/ES (Consumer Dispute Resolution on - line).
The seller is authorized to sell goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises to a limited extent, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
Any disputes arising out of a contract of sale or relating to its breach, revocation or invalidity shall be settled amicably by the Parties. Unless a dispute is settled amicably, these disputes will be dealt with by a general court in the Czech legal order. The court with jurisdiction to settle disputes arising out of the provision of services is a court with jurisdiction over the seat of the seller.
PROTECTION OF PERSONAL DATA
Seller processes all personal data in accordance with generally binding legal regulations, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 Seller processes personal data for reasons provided by law, based on the seller's legitimate interest, according to a separately concluded contract for the processing of personal data.
The seller collects and processes the following personal data of the buyer:
name and surname,
home address,
identification number,
tax identification number,
e-mail address,
telephone number.
The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
The seller processes personal data depending on the purpose for the duration of any contractual relationship with the buyer and for the next 10 years after its termination.
The purpose of processing personal data is primarily to ensure the fulfillments of the rights and obligations arising from the purchase contract. With the buyer's own consent, the seller processes personal data for marketing purposes beyond the legitimate interest, to offer other products to the seller.
By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
The seller ensures the protection of personal data by technical and security mechanisms ensuring the maximum possible protection of processed data from unauthorized access. Employees of the seller who, on the basis of internal credentials, come into contact with personal data are bound by a contractual and statutory duty of confidentiality with respect to all processed personal data. The seller only passes personal data to state authorities, supervisors, and only if this obligation is set by law. With the individual consent of the buyer, these data may also be forwarded to third parties.
In connection with the protection of personal data, the buyer and any potential data subject have the right to:
access to personal data,
for the alteration of personal data,
the deletion of personal data, in the case that personal data will not be processed in connection with a sales contract or other contractual or statutory obligations,
notification of alteration, deletion or limitation of processing,
portability of personal data,
to object to the processing of personal data, in cases where the processing of data is based on a legitimate interest,
Revocation of consent to the processing of personal data.
Further information on the processing of personal data is available on the website, and the seller can contact the address at the registered address and published contact details. The buyer and any other data subject have the right to contact the Data Protection Office in connection with the protection of their personal data.
DISCLAIMER
The buyer may be delivered to the buyer's electronic address.
10. SALES RECORD
10.1. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; In the event of a technical outage, within 48 hours at the latest.
10.2. The vendor issues receipts in accordance with the Electronic Sales Bill in electronic form sent by e-mail or in paper form, depending on the chosen payment method and the method of transport.
11. FINAL PROVISIONS
11.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
11.2. If any provision of the Terms of Business is invalid or ineffective, or if it happens, instead of invalid clauses, a provision will be put in place to the point where the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
11.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is unavailable.
11.4. The attachment to the Terms of Business is a template form for withdrawal from the Purchase Contract and the Complaint Procedure.
11.5. Contact details of the seller: delivery address Vršovická 1158/75, Vršovice, 100 00 Praha 10, e-mail address info@sensecoco.com, phone 734395400.
11.6. Business Terms and Conditions become effective and effective on 1.10.18. The current version is always available on websites.
Prague, 01.10.2018
NOTICE OF WITHDRAWAL FROM THE CONTRACT (PDF 530 kb.)