TERMS AND CONDITIONS


The General Terms and Conditions of the sensefit.shop online shop are drawn up in accordance with the Consumer Protection Act (ZVPot-UPB2), the EU GDPR, the Personal Data Protection Act (ZVOP-1) and the Electronic Communications Act (ZEKom-1), based on the recommendations of the Chamber of Commerce and Industry and the international e-commerce codes, and set out the terms and conditions for purchases of products through the website. The online shop sensefit.shop, on which these General Terms and Conditions are published, is operated by SenseFit S.R.O., hereinafter referred to as „the Provider“. You are advised to read the Terms and Conditions below before using the online shop. In addition to these Terms and Conditions, specific terms and conditions or contractual provisions may apply to certain sub-sites or users.

In these Terms and Conditions, „Buyer“ or „User“ means any person who chooses to purchase Products through the sensefit.shop website or otherwise expresses an interest in purchasing Products from the Seller. All personal data is strictly protected in accordance with the EU GDPR. The Seller reserves the right to change the Terms and Conditions at any time and without prior notice. The User may agree to be notified of changes to the Terms and Conditions as soon as they become effective. All changes are binding on the User and Users are advised to read the Terms and Conditions diligently at the time of each purchase. In addition to the Terms and Conditions, before placing an order, the customer must also agree to our Privacy Policy, where they will be made aware of our policy on the protection of personal data. In the event that the Buyer does not agree to the Terms and Conditions or the Privacy Policy, please do not use the Online Shop. By using the website, the user accepts and agrees to the provisions of these Terms and Conditions, which include all links, and acknowledges that he/she has read and agrees to the Privacy Policy. By making a purchase, the Buyer or User warrants that he/she is over 18 years of age. The basic characteristics of the products, the prices, including all taxes and other duties, as well as the details of the payment and delivery methods are valid at the time of final order confirmation. In the event of any change in the delivery date, the Buyer will be informed of the change by e-mail in due and timely manner.

PRICES

All product prices are quoted in EUR, HUF, PLN or CZK (depending on the country of purchase) and include VAT. SenseFit S.R.O. is a taxable company. The price of the product, the value of the VAT and the postage cost are visible in the shopping cart before the order is completed. The purchase contract between the provider and the buyer is concluded at the moment the buyer confirms the order. Upon confirmation of the order, all prices and other terms and conditions are binding and applicable to both the provider and the buyer. The Buyer shall receive notification of all details of the online order placed at the email address provided in the shopping cart when entering his/her details. In this message, he shall also be informed of the estimated delivery time. If he does not receive it, there is a possibility that he has provided an incorrect e-mail address. In such a case, the customer is kindly requested to contact us at info@sensefit.shop.

PAYMENT METHOD

The Provider allows cash on delivery at home or at the point of collection (GLS parcel machine), Paypal, and with the payment and credit cards available in the form in the Shopping Cart. The order confirmation is stored electronically on the Provider’s server and is accessible to the Customer at any time, as it is sent to the Customer’s e-mail address. SenseFit S.R.O. is not registered as a physical shop, therefore we cannot or should not offer customers personal collection of the goods ordered via the website. The company also does not operate on a cash basis, which means that you cannot purchase products in person at the company address. All information and instructions on how to make a purchase are available to the customer in the Terms and Conditions, which are published on our website.

DELIVERY COSTS

Postage may be included in the price, free of charge or clearly stated separately. The buyer is informed of the amount of postage before confirming his purchase. The buyer is obliged to pay the postage costs when collecting the goods, except in cases where there is an ongoing promotion which explicitly emphasises free postage or where the item states otherwise (postage included in the price).

ORDER

You can order via most communication channels (online shop, email, Facebook,…). If you change your mind, please let us know within one hour via any of the communication channels. All order data is stored with the provider.

PURCHASING PROCESS

Registration is not required and you can place an order as a guest. The customer selects the item and clicks to add it to the basket. Click on the „View basket“ button or click on the basket at the top right of the page to enter the basket. In the basket, he can correct the quantity or remove an item and click on the „Update basket“ button to confirm the changes made. If the customer has a voucher/discount code, he/she enters it in the box where it says „Voucher code“ and confirms it by clicking on the link „Use voucher“. Only one voucher or discount code can be used per purchase. The voucher is time-limited if explicitly stated. From the shopping basket, the customer can go back to the shop by clicking on the „Continue shopping“ button or click on the „Proceed to checkout“ button and on the page entitled „Completion of purchase“, specify the method of payment and enter the delivery details. The Buyer must provide the required contact details that we need to confirm and complete the order and delivery of the product. They must enter at least one valid email address. If necessary, he/she may also add a comment. The payment selection form is preceded by the delivery charge and the total amount of the purchase. The buyer completes the purchase by clicking on the „Buy Now“ button. After the order is placed, the customer receives an e-mail with all the necessary purchase and delivery information and instructions. At this stage, the contract for the purchase of the ordered items is irrevocably concluded between the customer and the provider, and the user may consent to the use of his/her e-mail address for marketing purposes (newsletter), in accordance with the point on the protection of personal data. Personal data is processed in accordance with the Privacy Policy published on the website www.sensefit.shop.

ORDER PROCEDURE ON THE LANDING SIDE

A landing page is a subpage of the sensefit.shop online shop where a single product, a group of products or a single product in several versions is available on a single page. It is a more user-friendly, simple and transparent service where the purchase is always made without registration. If the customer has arrived at the landing page by clicking on an online advertisement, he or she can access the purchase form by clicking on the „order now“ button. Several such buttons are available on the site. The buyer chooses the payment method. The same payment methods are available as in the sensefit.shop. Cash on delivery payments may incur additional charges due to commission fees, which are notified to the buyer before the purchase is completed. When selecting the payment option of credit card, debit card or Paypal, the buyer will be presented with the relevant forms where the buyer will enter the required information. The Buyer then enters the required details for the delivery of the product in the Order Form. The information marked with an asterisk is mandatory. For some products, an additional product feature, such as colour, may be selected. The customer also enters the desired quantity of products. The purchase is completed by clicking on the „Confirm order“ button. This will open a new page with a confirmation of purchase. The order confirmation, which also contains a hyperlink to the product instructions, is sent to the e-mail address indicated. A copy of the order confirmation is also sent to the company’s internal e-mail address and serves as proof of purchase. In the event that we offer an additional discount for a product when purchasing our products, customers are reminded of the additional discount when placing an order. In such cases, the placed order is suspended and the customer can still complete the order by clicking on the additional offer. If the customer does not complete the order, only the original order will be placed.

CANCELLATION OF AN ORDER

The user can cancel the order within one hour after placing the order by e-mail. Please enter „Order cancellation“ in the subject line of the email. In the body of the message, please indicate: order number, name and surname of the customer. The contact email address of the provider is info@sensefit.shop.

DELIVERY OF GOODS

If the item is in stock, the goods will be dispatched within 1-2 working days, the buyer will be informed of the exact delivery date via e-mail. In addition to the goods, the buyer receives any instructions and an invoice, which for some products is considered as a warranty card. In the event that the goods are out of stock, the buyer will be informed of the changed delivery details within one working day. The details of the delivery company are visible to the Buyer in the order confirmation received by the Buyer at his e-mail address.

WARRANTY

Items are guaranteed if so stated on the warranty card or invoice. The warranty is valid subject to the instructions on the warranty card and the presentation of the invoice. In accordance with the provisions of the Regulation on goods covered by a guarantee of faultless operation (Official Gazette of the Republic of Slovenia, No 14/12), products are covered by a 1-year guarantee, which may be extended by the purchaser at the time of purchase for an additional fee for certain products. If there is no warranty information, the item is not covered by the warranty or the information is not known at this time. In the latter case, the buyer can contact the seller who will provide up-to-date information. Warranty obligations are assumed by the seller. The warranty only applies to „hidden“ defects which occur without the influence of the user. The warranty does not apply if the seller determines that mechanical damage or contact with liquid has occurred. The product shall be replaced by a new one in the event that service or repair is not possible.
 

PROTECTION OF PERSONAL DATA

The Provider undertakes to keep all personal data of the User secure at all times. The Provider will use the personal data exclusively for the purpose of order fulfilment (sending information material, offers, invoices) and other necessary communication such as newsletters. In no case will the user’s data be passed on to unauthorised persons. Your personal data will never be passed on to third parties, unless it is necessary to inform you about delivery or to resolve complaints, i.e. in your best interests. It is also the user’s responsibility to protect his/her personal data by ensuring the security of his/her username and password and by using appropriate software (anti-virus) protection on his/her computer. The website uses the htpps protocol, which prevents the interception of personal data during the purchase itself, and the company also uses e-mail security.

RIGHT OF WITHDRAWAL

Before withdrawing from the purchase, the Buyer may inspect and test the product to the extent necessary to establish the factual situation. The Buyer may not continue to use the Product if the Buyer withdraws from the purchase. The withdrawal message or the product shall be deemed to have been sent on time if the shipment is made before the expiry of the 14-day return period. Each purchaser has the right to return the goods to us in accordance with the applicable legislation, the current provisions of Articles 43, 43a, 43b, 43c, 43c, 43d, 43e, 43f, 43g of the Consumer Protection Act (Official Gazette of the Republic of Slovenia, no. 98/04 114/06, 126/07, 86/09, 78/11, 38/14 and 19/15) (hereinafter referred to as „ZVPot-1“) within 14 days of receipt of the products, the consumer shall notify that he/she is withdrawing from the purchase, and shall provide the necessary purchase information in the message – e.g. name and surname, invoice number, etc., on the basis of which the company can process his/her request. When returning the products, the buyer does not incur any additional costs, in accordance with the provisions of the aforementioned law (Article 43d(7) of the PSPO), other than the cost of returning the goods directly. The consumer must return the goods to the seller no later than 30 days after the notification of withdrawal. We recommend that you inform us by email before returning the goods so that we can agree on the best way to return them. If the customer withdraws from the contract or order, the goods must be returned undamaged in their original packaging and in the same quantity. In the event that the goods are found to be physically damaged or the quantity does not match, the Buyer shall be liable to pay for the damage caused. The possibility of returning the products or withdrawing from the purchase does not apply in the cases provided for in Art. 43(5) of the Law on distance contracts. In the event of damage to the goods or destruction of the packaging, the value of the goods will be reduced. The consumer is liable for the diminution in value of the goods if the diminution in value is due to conduct which is not strictly necessary to establish the nature, characteristics and functioning of the goods. For damaged packaging (torn packaging, inadequately packed package), the trader may charge damages up to 20% of the value of the goods. The trader will take a camera picture of each returned package, its contents and the product as possible proof of the damage. In the event of withdrawal from the contract, the trader shall refund all payments received immediately or at the latest within 14 days of receipt of the notice of withdrawal. The company shall return the payments received to the consumer by the same means of payment as used by the consumer, unless the consumer has expressly requested the use of another means of payment and unless the consumer bears no costs as a result. The consumer may not claim reimbursement of additional costs incurred if the consumer has expressly opted for a type of shipment other than the most cost-effective standard shipment offered by the undertaking. If the undertaking has not fully complied with its obligation under Article 43c of the PSPO, the withdrawal period is three months. This period starts to run from the date of acceptance by the consumer in the case of the supply of goods and from the date of conclusion of the contract in the case of the provision of services. On the expiry of this period, the consumer’s right to withdraw from the contract shall be extinguished. SenseFit S.R.O. does not allow the return of purchased goods in person at the physical address of the company. Pursuant to Article 43d(2) of the Consumer Protection Act, the company must reimburse the consumer who has exercised the right of withdrawal immediately or, at the latest, within 14 days of receipt of the notice of withdrawal from the contract, all payments received. However, pursuant to Article 43d(7), the consumer shall bear only the costs of returning the goods in connection with withdrawal from the contract, unless those costs are borne by the undertaking or unless the undertaking informs the consumer in advance that it is liable for those costs. Customers are kindly requested to read the instructions in the section „Right of withdrawal“ in the Terms and Conditions.

REFUND OF PURCHASE PRICE

In the case of sales contracts, the company may withhold reimbursement of payments received until the goods have been collected or the buyer has provided proof that he has sent the goods back, unless the company offers the option of collecting the returned goods itself. The purchase price will be refunded no later than 14 days after receipt of the cancellation notice or after receipt of the returned product. The method of refund shall be agreed by the buyer.

CLAIMING A MATERIAL DEFECT

The Buyer must notify us of any material defect, together with a detailed description of the defect, at his own expense within the statutory time limit and at the same time allow us to inspect the goods. The right to claim a material defect in the goods is governed in more detail by the provisions of the Consumer Protection Act. The company’s liability for material defects pursuant to Articles 37 and 37a,b,c,č of the Consumer Rights Act is hereby acknowledged. The seller must deliver the goods to the consumer in accordance with the contract and is liable for material defects in his performance. A defect is a material defect: if the thing does not have the characteristics necessary for its normal use or for circulation; if the thing does not have the characteristics necessary for the particular use for which the buyer is buying it, which was known or should have been known to the seller; if the thing does not have the characteristics and qualities which were expressly or tacitly agreed or prescribed; if the seller has delivered a thing which does not correspond to a sample or a model, unless the sample or the model was shown only for the purpose of giving notice to the buyer. The suitability of the goods for normal use shall be judged by reference to ordinary goods of the same kind and in the light of any representations made by the seller or the manufacturer about the characteristics of the goods, in particular by means of advertising, the presentation of the product or indications on the goods themselves. The consumer may exercise his rights under the law of material defect if he notifies the seller of the defect within two months of the date on which the defect was discovered. The consumer must describe the defect in more detail in the notice of defect and give the seller the opportunity to inspect the item. The consumer may give notice of the defect to the seller in person, with a receipt from the seller, or by sending it to the shop where the goods were bought or to the seller’s agent with whom the consumer has concluded a contract. The seller shall not be liable for material defects in the goods which become apparent after two years have elapsed since the goods were delivered. A defect in the goods shall be deemed to have existed at the time of delivery if it appears within six months of delivery. A consumer who has duly notified the seller of a defect has the right to require the seller to: remedy the defect in the goods, or refund a proportion of the amount paid in proportion to the defect, or replace the defective goods with new, faultless goods, or refund the amount paid. In any event, the consumer shall also have the right to claim from the seller compensation for damages, in particular the costs of materials, spare parts, labour, transfer and transport of the products, incurred as a result of the fulfilment of the obligation referred to in the preceding paragraph of this Article. The consumer’s rights referred to in paragraph 1 shall expire at the end of two years from the date on which the consumer informed the seller of the material defect.

COMMUNICATION

The Provider will contact the User by means of distance communication only if the User permits it or only if it is necessary for the purpose of making the purchase. Advertising, electronic messages shall be clearly and unambiguously identified as advertising messages, the sender shall be clearly identified, promotional campaigns and other marketing techniques shall be appropriately labelled. The conditions for participation in them are also clearly defined. The possibility and method of opting-in or opting-out of receiving advertising messages shall be clearly presented. The provider will respect the user’s request not to receive advertising messages. The user agrees that, when subscribing to the newsletter, he/she will be informed from time to time about new features on the website, new offers and promotional campaigns. The Provider undertakes not to misuse or pass on the User’s e-mail address to any third party in any way. The user may subscribe or unsubscribe from receiving newsletters from the provider at any time.

COPYRIGHT PROTECTION

The contents of the online shop www.sensefit.shop, including data, product descriptions, graphics, technology, product images and other elements on the Provider’s website are the property of SenseFit S.R.O. and are protected by the Copyright Act and other copyright laws and regulations and may not be reproduced or used without the prior express written permission of SenseFit S.R.O. Copyright infringers will be subject to appropriate legal prosecution. For various reasons, product photographs may deviate slightly from the actual situation (they are symbolic), for example due to production changes beyond the control of the provider.

DELETION OF PERSONAL DATA

The data collected by SenseFit S.R.O. can be found in the Privacy Policy, which is published on the provider’s website www.sensefit.shop. The Provider complies with the EU General Data Protection Regulation (EU GDRR). It is up to the User or the Purchaser to allow or not to allow the processing of the data. Each customer or user has the right to request the deletion of his/her personal data from our database at any time. This can be done simply by contacting us via one of our communication channels (email, Facebook) and communicating their data for deletion. The deletion of data under the GDPR does not apply to data that the company is obliged to keep under the VAT Act-1, the Tax Procedure Act, the Companies Act, the Slovenian Accounting Standards, the Accounting Act and the Value Added Tax Act Implementing Rules.
 

WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

The customer is informed that when purchasing new electrical and electronic equipment, he/she can leave the waste electrical and electronic equipment with us. The waste electrical and electronic equipment that you leave behind must be identical to the supplied EEE in terms of its intended use and classification as electrical and electronic equipment (EEE), and the number of pieces of waste electrical and electronic equipment must be the same as the number of pieces of EEE supplied. The costs of shipping or delivery of waste EEE are borne by the buyer. SenseFit S.R.O., in accordance with the principle of extended producer responsibility, fulfils its obligations under the European Directives 2002/96/EC, 2006/66/EC and EU 2012/19/EU, the „Waste Electrical and Electronic Equipment Regulation“ (Official Journal of the Republic of Slovenia, No. 55/2015) and the „Regulation on the management of batteries and accumulators and waste batteries and accumulators“ (Official Journal of the RS, No 3/2010, 64/2012, 93/2012) is implemented in the framework of the Joint Waste Electrical and Electronic Equipment and Waste Batteries and Accumulators Management Plans.
 
Management of waste electrical and electronic equipment
 
The crossed-out container symbol on the product, its packaging or in the instructions for use means that the device must not be disposed of as mixed municipal waste and that it was put on the market after 13 August 2005. It is your responsibility to take it to the specific collection points for separate waste collection within the local municipal service. You can also hand in the waste device or appliance directly to the retailer or distributor when you buy a similar product. By doing so, you are fulfilling your legal obligations and helping to protect the environment. Separate collection and recycling of WEEE prevents the negative effects of environmental pollution and health risks that can result from improper disposal of the product, and allows the material from which it is made to be recovered, saving energy and natural resources. If the product you want to dispose of is still in working condition, dispose of it at one of the re-use centres. This will prolong its life and prevent it from ending up in the waste stream prematurely.
 
Managing waste batteries and accumulators
 
The crossed-out container symbol on batteries and accumulators, on packaging or in the user manual means that batteries and accumulators should not be disposed of as mixed municipal waste. It is your responsibility to dispose of them at the specific collection points for the separate collection of hazardous waste provided by your local municipal service. You can also take your waste batteries and accumulators to a dealer or distributor without having to buy them again. By doing so, you are fulfilling your legal obligations and contributing to environmental protection. If a chemical symbol is printed below the symbol shown above, this indicates that the battery or accumulator contains a heavy metal (Hg = mercury, Cd = cadmium, Pb = lead) in excess of the legal limit, as defined by law. If the appliance contains batteries or accumulators that cannot be easily disposed of without endangering the safety of the user, the user must take them together with the waste appliance to the waste electrical and electronic equipment collection system.
 

COMPLAINTS AND DISPUTES

The Provider complies with the applicable consumer protection legislation. The Provider shall make every effort to fulfil its obligation to establish an effective complaints handling system and to make available a person whom the Customer may contact by telephone or e-mail in the event of problems. Complaints should be made via the e-mail address info@sensefit.shop. The complaint handling process is confidential. The Supplier will acknowledge receipt of the complaint within five working days, inform the Buyer how long it will take to process the complaint and keep the Buyer informed of the progress of the complaint. The Provider acknowledges that an essential characteristic of consumer disputes, at least as far as judicial settlement is concerned, is their disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle to a consumer not bringing a dispute before the courts. Therefore, the provider shall make every effort to resolve any disputes amicably. In accordance with the legal norms, we do not recognise any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute that a consumer could have raised under the Act on Out-of-Court Consumer Dispute Resolution. SenseFit S.R.O., on its website, publishes an electronic link to the Online Consumer Dispute Resolution Platform (ODRP). The platform is available to consumers via the electronic link https://ec.europa.eu/consumers/odr/main/index.cfm. The above-mentioned arrangements are based on the Act on Out-of-Court Settlement of Consumer Disputes, Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2016/2004 and Directive 2009/22/EC.
 

FURTHER CLARIFICATIONS REGARDING THE PURCHASE

The Buyer is obliged under the Code of Obligations to take delivery of the ordered package and to pay the redemption fee. If the Buyer does not take delivery of the goods ordered, which are sent COD, in any event and the goods are returned to the Company’s address after a waiting period of 15 days, this shall NOT be considered as a withdrawal from the contract, as the latter is still validly concluded and it is a unilateral unannounced withdrawal of the Buyer from the contract. If the customer does not take delivery of the package, he/she causes financial damage to the company. In the event of non-acceptance, the Buyer is therefore liable for the costs of shipping and return of the products to the Company, for which the Seller will invoice the Buyer, which the Buyer is obliged to pay, since the contract has not been terminated. The amount of the costs of unilateral withdrawal from the contract depend on the costs of shipping, packaging, administrative costs and will be charged in each individual case in accordance with the actual costs and good business practice. SenseFit S.R.O. reserves the right to invoice the Buyer who has not taken delivery of the package for the amount of the actual costs incurred by the Buyer’s unilateral termination of the contract, and the Buyer agrees to pay the invoice for the costs incurred in such cases within 7 days at the latest to the Company’s account.
 
Company contact:
SenseFit S.R.O.
info@sensefit.shop