I. Introductory Provision
- These Sales Terms and Conditions (hereinafter referred to as the “Sales Terms and Conditions”) of Sensio.cz s.r.o. seated at Na Hrázi 1139/13, Přerov I-Město (City), 750 02 Přerov, ID: 04004621 (hereinafter referred to as the “Seller“), which is an entrepreneur acting within the scope of its business activity, regulate, in accordance with REGULATION (EC) No. 593/2008 of the EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 June 2008 on the law applicable to contractual obligations, REGULATION (EU) No. 1215/2012 of the EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the provision of Section 1751(1) of Civil Code No. 89/2012 of the Collection of Laws of the Czech Republic (Sb.) (hereinafter referred to as the “Civil Code”), mutual rights and obligations arisen for the contracting parties in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) made between the Seller and the Buyer (hereinafter referred to as the “Buyer”), which is a legal entity or natural person running or not running a business. If this follows from the wording of the Sales Terms and Conditions, the given provision shall apply solely to natural persons not running a business, i.e. consumers (hereinafter referred to as the “Consumer”). The online shop is run by the Seller on the website at the internet address eshop.mycello.cz or eshop.mycello.info (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Shop Website Interface”).
- Provisions deviating from the Sales Terms and Conditions may be agreed in a Purchase Contract. Such deviating provisions set forth in a Purchase Contract shall take precedence over the provisions of the Sales Terms and Conditions.
- By placing an order, the Buyer confirms that before making the contract the Buyer has been acquainted with these Sales Terms and Conditions and is aware that the provisions of the Sales Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Sales Terms and Conditions are drawn up in English language.
- The Seller may change or supplement the wording of the Sales Terms and Conditions. This provision is without prejudice to any rights and obligations arisen at a time when previous wording of the Sales Terms and Conditions was in effect.
- This contract as well as the legal relationships arising from the contract are governed by the law of the Czech Republic in accordance with Article 3(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, and as for international jurisdiction over any disputes arising from this contract, the law of the Czech Republic was set forth by the contracting parties as the governing law. For the purposes of consumer contracts under Article 6, the contracting parties set forth the Czech law as the governing law unless this is expressly excluded by the Regulation.
- In case of disputes relating to the contract and relationships arising from the contract, the parties, in accordance with REGULATION (EU) No. 1215/2012 of the EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, agree on the international jurisdiction in favour of the court system of the Czech Republic.
II. Making the Purchase Contract
- A Purchase Contract is made at the moment of delivery of the offer receipt by the Buyer to the Seller’s sphere of influence under the provision of Section 1745 of the Civil Code, and this is done by a binding order placed by the Buyer through the Shop Website Interface or in another manner customary in the given course of trade.
- The prices of goods are stated net of value added tax and delivery costs unless the communication between the parties indicates otherwise. The prices of goods remain valid for the time stated in the Seller’s offer and if such time not stated, then for 15 days. This provision does not restrict the possibility for the Seller to make a Purchase Contract under individually agreed conditions.
- The Shop Website Interface or an offer of the Seller also contains information about the costs associated with packing and delivering the goods. The Seller reserves an option to change the amount of such costs in the event of force majeure.
- The Seller is allowed to check and change details entered in an order by the Buyer, also with respect to the Buyer’s chance to detect and correct any mistakes made when entering details in the order. Without undue delay after receiving an order, the Seller shall confirm such receipt to the Buyer by electronic mail to the Buyer’s electronic mail address stated in the user interface or in the order (hereinafter referred to as the “Buyer’s Electronic Address”).
- Depending on the nature of an order (the quantity of goods, the amount of the purchase price, estimated transport costs), the Seller may always ask the Buyer for additional confirmation of the order.
- The Seller reserves the right, in exceptional cases and after informing the Buyer, to change the Purchase Contract with the Buyer’s consent, otherwise to withdraw from the Purchase Contract.
III. Price of Goods, Payment Terms and Delivery of Goods
- The price of goods and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Buyer by a cashless transfer to Seller’s account No. 7887654321/2010 with Fio banka a.s. (hereinafter referred to as the “Seller’s Account”) within 10 days from making the contract, using the variable symbol if communicated by the Seller after making the Purchase Contract.
- Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packing and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also hereinafter means the costs associated with the delivery of goods.
- In justified cases the Seller may demand payment of the purchase price in full before sending the goods to the Buyer.
- Any goods price discounts given by the Seller to the Buyer may not be combined.
- The Seller shall make a complete delivery of the goods to the Buyer no later than within 30 days after confirmation of the order, and the Buyer is obliged to take delivery of the goods and pay for the goods.
- Documents relating to the goods, in particular a tax document as well as confirmations and certificates if any, shall be sent by the Seller to the Buyer immediately after the goods takeover but no later than within two days after the goods takeover by the Consumer (hereinafter referred to as the “Documents Relating to the Goods“). This shall not apply if such Documents Relating to the Goods are attached as paper documents to the goods and are delivered to the Buyer together with the goods.
- If the Buyer fails to take over the goods at the agreed time, thus breaching the Buyer’s obligation, the Buyer is obliged to pay the Seller a storage fee of CZK 10 per day of delay but no more than CZK 300. After expiry of a reasonable period the Seller may sell the goods.
IV. Withdrawal from the Purchase Contract
- The Buyer who is a Consumer may, in accordance with Section 1829(1) of the Civil Code, withdraw from the Purchase Contract within fourteen (14) days after takeover of the goods and if the object of the Purchase Contract consists of several kinds of goods or delivery of several parts, such period shall begin on the date of taking the last delivery of the goods. A notice of withdrawal from the Purchase Contract must be sent to the Seller within the period stated in the preceding sentence. In such case, all costs of goods delivery back to the Seller shall be borne by the Buyer, and the goods shall be delivered to the Seller within 30 days from the withdrawal from the Purchase Contract.
- The Seller may unilaterally set off a claim to compensation for damage to the goods against the Buyer’s claim to the return of the purchase price.
- The Seller may withdraw from the contract at any time before delivering the goods if the Seller is not objectively able, for reasons on the part of third parties, to deliver the goods to the Buyer within a period reasonable with regard to the circumstances, and/or if it turns out that the Buyer has breached a contract previously made with the Seller.
V. Transport and Delivery of Goods
- If the method of transport is agreed to comply with a special requirement of the Buyer, the Buyer shall bear the risk and any additional costs associated with such a method of transport.
- If the Seller is obliged under the Purchase Contract to deliver goods to a place specified by the Buyer in an order to another EU member state, the Buyer is obliged to take over the goods when being delivered.
- If for reasons on the Buyer’s part it is necessary to deliver the goods repeatedly or in a manner other than the one stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with such other manner of delivery.
- When taking delivery of the goods from the carrier, the Buyer is obliged to check integrity of packaging of the goods and if there are any defects, to inform the carrier about the defects immediately, otherwise the Seller shall not hold liability for any defects that could have been detected by the Buyer in this manner.
- In the event of a breach of the packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier.
- In the event of intact packaging but subsequent damage to the contents of the parcel, we recommend that you report this damage to the seller as soon as possible, preferably immediately after receipt, or in the best case directly to the relevant carrier.
- This will prevent any dispute between the seller and the buyer as to the cause of the damage and its occurrence.
- Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
VI. Rights and Obligations from Defective Supplies, and Complaint Procedure
- The Seller is responsible to the Buyer for securing that the goods have no defects at the time of takeover. In particular, the Seller is responsible to the Buyer for securing that at the time when the Buyer is taking over the goods:
- the goods have the characteristics agreed between the parties and if there is no such agreement, the goods have such characteristics that were described by the Seller or the manufacturer or that were expected by the Buyer with regard to the nature of the goods and on the basis of the advertising carried out by the Seller and the manufacturer,
- the goods are fit for the purpose stated by the Seller for their use or for the purpose for which the goods of this kind are usually used,
- the quality or version of the goods corresponds to an agreed sample or model if the quality or version has been set forth on the basis of an agreed sample or model,
- the goods are delivered in the corresponding quality, size or weight, and
- the goods comply with the requirements of legal regulations.
- The Buyer who is a Consumer may exercise a right arising from a defect occurred in consumer goods within twenty-four months from the goods takeover. If the Buyer is not a Consumer, the Buyer may only exercise this right if the Buyer proves that the goods have already been defective at the moment of takeover. This is without prejudice to the agreement on the quality between the Buyer and the Seller.
- The Buyer is obliged to lodge a complaint with the Seller or with a party designated to make repairs without undue delay after detecting the defect. If the Buyer does so in writing or electronically, the Buyer shall state their contact details, description of the defect, and the required method of settlement of the complaint.
- The Buyer is entitled to the reimbursement of minimum necessary costs (in particular the postage the Buyer paid when sending the goods under complaint) the Buyer actually and efficiently incurred in connection with the exercise of legitimate rights from the liability for defects. When claiming reimbursement of such costs, the Buyer is obliged to prove such costs to the Seller in a credible manner.
- The Seller is not obliged to satisfy the Buyer’s claim on the ground of a defect if the Seller proves that the Buyer had caused such a defect themselves or had been aware of the defect of the goods before the handover. The Seller does not hold liability for defects resulting from ordinary wear and tear or from failure to comply with the instructions for use.
- The Seller undertakes to inform the Buyer about the settlement of the complaint by an e-mail message or text message.
VII. Personal Data Protection
- The Seller is a personal data controller within the meaning of relevant provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (General Data Protection Regulation) (hereinafter referred to as the “GDPR”), and Personal Data Protection Act No. 110/2019 Sb., as amended, which transposes the GDPR into the Czech law and serves for the protection of personal data where the Buyer is a natural person.
- In accordance with Article 12 of the GDPR, the Buyers who are natural persons (hereinafter referred to as the “Data Subjects”) are hereby provided with information about personal data processing and protection, and the related rights.
- The protection of personal data of a Buyer who is a natural person is regulated by the GDPR with effect from 25 May 2018.
- The Seller may entrust a third party as a processor with personal data processing activities.
- The Buyer takes note that the Buyer is obliged to provide their personal data accurately and truthfully and to inform the Seller about any change of their personal data without undue delay. If the Buyer fails to do so, any consequences of such failure shall be borne by the Buyer.
- Personal data are processed for a period necessary to fulfil the purpose of the contract for the purchase of goods and in the course of the warranty period applying to the delivered goods, except for cases when the law sets forth a longer period for keeping personal data (e.g. for the purpose of archiving, warranty or accounting). Personal data processed on the basis of consent are processed no later than until revocation of the consent, and such consent may be revoked at any time. Personal data will be processed in electronic form by automated means and in printed form by non-automated means.
- To obtain more detailed advice and information about personal data processing and to exercise their rights, the Data Subject (Buyer) may contact the Seller at the e-mail address. Any requests for access, rectification or erasure and other requests concerning personal data may be sent: by e-mail: [email protected] or by mail to the address: Na Hrázi 1139/13, 750 02 Přerov.
- Any documents or papers may be delivered to the Buyer to the electronic mail address used by the Buyer in previous contact between the Seller and the Buyer or stated by the Buyer in the order.
- In accordance with the provision of Section 573 of the Civil Code, a postal article sent by the Seller through a postal service provider is deemed delivered on the fifteenth working day after it was sent.
IX. Final Provisions
- If any provision of the Sales Terms and Conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by provisions the meaning of which comes as close as possible to the invalid provision. Invalidity or ineffectiveness of a provision does not affect the validity of the other provisions. Any changes or supplements to the Purchase Contract or the Sales Terms and Conditions must be made in writing.
- The Purchase Contract, including the Sales Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller’s contact details – delivery address: Sensio.cz s.r.o., seated at Na Hrázi 1139/13, Přerov I-Město, 750 02 Přerov, ID: 04004621, e-mail address: [email protected], customer service line: +420 725 044 875.
The Sales Terms and Conditions are in effect from 1 July 2021 until the issue of new Sales Terms and Conditions.