Terms and Conditions of Sensorie s.r.o.
with its registered office at Nové Sady 988/2, 602 00, Staré Brno, Company ID No.: 09458735, registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, File 119139, governing the sale of goods through the online store available at https://sensorie.eu.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of the company Sensorie s.r.o., with its registered office at Nové Sady 988/2, 602 00, Staré Brno, Company ID No.: 09458735, registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, File 119139 (hereinafter the “Seller”), regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website available at https://sensorie.eu (hereinafter the “Website”), through the website interface (hereinafter the “Store Interface”).
1.2. These Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting, when ordering goods, within the scope of their business activities or independent professional practice.
1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions agreed in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.
1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. INFORMATION ABOUT THE GOODS
2.1. Information about the goods, including the prices of individual products and their main characteristics, is provided for each item on the Seller’s Website. The prices of goods are stated inclusive of value added tax (VAT) and all related fees and costs, except for delivery costs. This provision does not preclude the possibility of concluding a Purchase Agreement under individually agreed conditions.
2.2. If the goods are offered by the Seller on the Website in the form of ready-made packages containing different quantities of additional components depending on the needs and requirements of end users, the invoice shall specify the individual components included in the given package. In the event of a complaint or the exercise of rights arising from defective performance in accordance with the provisions below, the complaint or claim shall always relate exclusively to the specific component and not to the package as a whole.
2.3. If the Buyer selects the “Turnkey Installation” option on the Website, the Seller undertakes to provide the implementation of the goods (Smart Greenhouse) through its employees or external collaborators directly at the place and time agreed with the Buyer. Turnkey Installation does not include subsequent servicing of the goods or individual components during their use at the Buyer’s installation site. Any comments regarding the method of installation must be raised no later than before the completion of the installation, i.e. before the authorised worker leaves the site. Turnkey Installation does not include the provision of water or electricity connections, unless otherwise agreed in writing. If the Buyer fails to properly provide access to water and electricity, it will not be possible to properly test and adjust the system. Any hidden defects that cannot be detected due to the installation site not being prepared shall be borne by the Buyer and cannot be the subject of a complaint.
2.4. Together with the goods, the Seller may prepare an individual offer for the Buyer indicating typical operating costs of the goods and expected yields. Such an offer is for informational purposes only, provided that all recommendations of the Seller are followed, and the Seller shall not be liable for any differences in the achieved results. The growing process and the use of the goods are solely the responsibility of the Buyer.
3. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
3.1. Any presentation of goods placed in the Store Interface is for informational purposes only, and the Seller is not obliged to conclude a Purchase Agreement for such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Store Interface contains information about the goods, including the prices of individual goods and the costs of returning goods if, by their nature, they cannot be returned by ordinary postal service. The prices of goods are stated inclusive of VAT and all related fees. Prices remain valid for as long as they are displayed in the Store Interface. This provision does not preclude the possibility of concluding a Purchase Agreement under individually agreed conditions.
3.3. The Store Interface also contains information about costs related to packaging and delivery of the goods. Such information applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer completes the order form in the Store Interface. The order form contains, in particular, information about:
3.4.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the Store Interface),
3.4.2. the method of payment of the purchase price of the goods and information about the selected method of delivery of the ordered goods
and
3.4.3. information about costs related to the delivery of the goods (collectively hereinafter the “Order”).
3.5. Before sending the Order to the Seller, the Buyer has the opportunity to check and modify the data entered in the Order, including with regard to the possibility of detecting and correcting errors made when entering the Order. The Order is sent by the Buyer to the Seller by clicking the “Complete Order” button. The data provided in the Order are considered correct by the Seller. Immediately after receiving the Order, the Seller shall confirm its receipt to the Buyer electronically, to the Buyer’s e-mail address specified in the user account or in the Order (hereinafter the “Buyer’s E-mail Address”).
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated transport costs), to request additional confirmation of the Order from the Buyer (for example in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the Seller’s acceptance of the Order, which is sent to the Buyer electronically to the Buyer’s E-mail Address.
3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer in connection with the use of means of distance communication (internet connection costs, telephone call costs) shall be borne by the Buyer, and such costs shall not differ from the basic rate.
3.9. If the Seller is unable to fulfil any of the requirements specified in the Order, the Seller shall send the Buyer a modified offer to the Buyer’s E-mail Address. The modified offer shall be considered a new proposal to conclude a Purchase Agreement, and in such case the Purchase Agreement is concluded by the Buyer’s confirmation of acceptance of the offer to the Seller’s e-mail address specified in these Terms and Conditions.
3.10. In the event of an obvious technical error on the part of the Seller when stating the price in the Store Interface or during the ordering process, the Seller is not obliged to deliver the goods at such obviously incorrect price, even if the Buyer has received an automatic confirmation of receipt of the Order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer’s E-mail Address. The modified offer shall be considered a new proposal to conclude a Purchase Agreement, and the Purchase Agreement is concluded after its acceptance by the Buyer to the Seller’s e-mail address.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the Seller the price of the goods and any costs related to delivery of the goods under the Purchase Agreement in the following ways:
- by bank transfer to the Seller’s account No. 2701862788/2010, maintained with Fio banka (hereinafter the “Seller’s Account”)
- by payment card to the Seller’s account through the Pays.cz payment gateway
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs related to packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs of delivery of the goods.
4.3. The Seller does not require the Buyer to make an advance payment or any other similar payment. This does not affect the provisions of Article 4.6 of these Terms and Conditions concerning the obligation to pay the purchase price in advance.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount 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 full purchase price before dispatching the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods granted by the Seller to the Buyer may not be combined.
4.8. If customary in business relations or if required by generally binding legal regulations, the Seller shall issue the Buyer a tax document — invoice for payments made on the basis of the Purchase Agreement. The Seller is a VAT payer. The tax document — invoice shall be issued to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer’s E-mail Address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the delivery of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, for goods subject to rapid deterioration, for goods which after delivery have been irreversibly mixed with other goods, for goods in sealed packaging which the consumer has opened and which cannot be returned for hygiene reasons, or for the delivery of audio or video recordings or computer software if the original packaging has been breached.
5.2. Unless the case described in Article 5.1 of these Terms and Conditions or another case in which withdrawal from the Purchase Agreement is not possible applies, a Buyer who is a consumer has the right, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods. If the subject of the Purchase Agreement consists of several types of goods or delivery in several parts, this period begins on the day of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use the form provided by the Seller, which forms an annex to these Terms and Conditions. Withdrawal from the Purchase Agreement may be sent, among other means, to the Seller’s registered office address or to the Seller’s e-mail address: info@sensorie.eu.
5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of these Terms and Conditions, the Purchase Agreement is cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the agreement. The Buyer shall bear the costs associated with returning the goods to the Seller, even if by their nature the goods cannot be returned by ordinary postal service.
5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of these Terms and Conditions, the Seller shall return to the Buyer the funds received within fourteen (14) days from the date of withdrawal from the agreement, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance to the Buyer upon return of the goods or in another manner if the Buyer agrees and does not incur any additional costs as a result. The Seller is not obliged to return the received funds before the Buyer returns the goods or proves that the goods have been dispatched.
5.5. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement pursuant to Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes receipt of the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, by bank transfer to the bank account specified by the Buyer.
5.7. If a gift was provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with a resolutory condition that, in the event of withdrawal from the Purchase Agreement by the Buyer, the donation agreement ceases to be effective and the Buyer is obliged to return the gift together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport has been agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.
6.2. If, pursuant to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or to deliver them by a method other than that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and, in the event of any damage, to inform the carrier without delay. If damage to the packaging indicates unauthorised interference with the shipment, the Buyer is not obliged to accept the shipment. This does not affect the Buyer’s rights arising from liability for defects in the goods or other rights arising from generally binding legal regulations.
6.5. Further rights and obligations of the parties related to the transport of goods may be regulated by separate delivery terms of the Seller, if issued by the Seller.
6.6. If, pursuant to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order as part of the “Turnkey Installation” service, the Buyer is obliged to comply with the agreed date and accept the goods. If, for reasons on the part of the Buyer, it is necessary to deliver the goods again or at a different date than specified in the Order, the Buyer is obliged to cover the costs associated with repeated delivery of the goods or the costs associated with a different delivery and installation date at the Buyer’s site.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties arising from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable that, at the time the Buyer received the goods:
7.2.1. the goods have the characteristics agreed by the parties and, in the absence of such agreement, have the characteristics described by the Seller or manufacturer, or characteristics the Buyer could expect considering the nature of the goods and advertising,
7.2.2. the goods are suitable for the purpose for which goods of this type are usually used or for the purpose indicated by the Seller,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to a sample or model,
7.2.4. the goods are of the appropriate quantity, size or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective already at the time of receipt.
7.4. The Seller is liable for defects at least to the extent to which the manufacturer’s liability applies. The Buyer may exercise rights arising from a defect that appears in consumer goods within twenty-four months of receipt. If a period of usability is indicated on the goods, packaging, instructions or advertising in accordance with legal regulations, the provisions on quality guarantees apply. A guarantee means the Seller’s obligation that the goods will be suitable for ordinary use or retain their usual characteristics for a certain period of time. If the Buyer rightfully reports a defect, the guarantee period and the period for exercising rights do not run during the time when the Buyer cannot use the goods.
7.5. The provisions of Article 7.2 do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to defects in used goods corresponding to the degree of use or wear the goods had at the time of receipt by the Buyer, or where this follows from the nature of the goods. The Buyer has no rights arising from defective performance if the Buyer knew of the defect before receipt or caused the defect themselves. This also applies to defects or malfunction caused by external factors, such as improper handling of the goods, failure to follow the Seller’s recommendations, unsuitable placement, low water pressure or poor water quality, weak internet connection or interruptions, etc.
7.6. Rights arising from defects in goods are exercised against the Seller. However, if the document confirming rights arising from liability for defects pursuant to Section 2166 of the Civil Code indicates another person authorised to carry out repairs who is located closer to the Buyer or the Seller’s registered office, the Buyer shall exercise the claim with that person. Except for such case, the Seller accepts complaints at any of its establishments where this is possible with regard to the range of goods sold, or at its registered office. The Seller must issue the Buyer with written confirmation of receipt of the complaint, its content and the chosen method of resolution; as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to persons authorised by the Seller to carry out repairs.
7.7. The Buyer may submit a complaint, among other ways, by sending it to Protronix s.r.o., Pardubická 177, 537 01, Chrudim, by telephone at +420 608 104 645, or by e-mail to info@sensorie.eu.
7.8. The Buyer shall inform the Seller which right they have chosen when reporting the defect or without undue delay after reporting it. The choice made cannot be changed without the Seller’s consent, except where the chosen repair proves impossible.
7.9. If the goods do not have the characteristics specified in Article 7.2, the Buyer may request delivery of new goods without defects, unless this is disproportionate in the given case. If the defect relates only to a part of the goods, the Buyer may request only replacement of that part; if this is not possible, the Buyer may withdraw from the agreement. If this would be disproportionate due to the nature of the defect, particularly if the defect can be removed without undue delay, the Buyer has the right to have the defect removed free of charge. The Buyer has this right also in the case of a removable defect if the goods cannot be used properly due to repeated occurrence of defects after repair or due to a larger number of defects. In such case, the Buyer may also withdraw from the agreement. If the Buyer does not withdraw from the agreement and does not request replacement or repair, the Buyer may request an appropriate discount. The right to a discount also applies if the Seller cannot deliver new goods, replace a part or repair the goods, or if the remedy is not provided within a reasonable time or would cause considerable difficulty for the Buyer.
7.10. Further rights and obligations of the parties regarding the Seller’s liability for defects may be specified in the Seller’s Complaints Policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price.
8.2. The Seller is not bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The Seller handles consumer complaints via the e-mail address info@sensorie.eu. Information on how the complaint has been handled shall be sent by the Seller to the Buyer’s E-mail Address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the ODR Regulation).
8.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out by the competent trade licensing authority. Supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, to a specified extent, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, among other matters.
8.7. The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR), concerning the processing of the Buyer’s personal data for the purposes of performance of the Purchase Agreement, negotiation of the Purchase Agreement and fulfilment of the Seller’s legal obligations, by means of a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees, pursuant to Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer’s e-mail address or telephone number. The Seller fulfils its information obligation towards the Buyer in relation to the processing of personal data for this purpose by means of a separate document.
10.2. The Buyer agrees to the storage of so-called cookies on their computer. If purchasing on the Website and fulfilling the obligations arising from the Purchase Agreement are possible without storing cookies on the Buyer’s computer, the Buyer may withdraw their consent at any time.
11. DELIVERY
11.1. The goods are delivered to the Buyer at the address specified in the order form by one of the standard courier companies.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law does not deprive a Buyer who is a consumer of the protection afforded to them by provisions of law from which no contractual derogation is permitted and which, in the absence of a choice of law, would be applicable pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of these Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. An annex to these Terms and Conditions is a sample form for withdrawal from the Purchase Agreement.
12.5. Seller’s contact details: delivery address Protronix s.r.o., Pardubická 177, 537 01, Chrudim, e-mail address: info@sensorie.eu, telephone: +420 608 104 645.
In Brno, on 13 October 2023
David Bažout (Managing Director of Sensorie s.r.o.)