Terms and conditions
- Home /
- Terms and conditions
Last modified: February 6, 2022
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as the "Terms and Conditions").
I. Definitions
- In these Terms and Conditions
- "E-shop" means a computer program - an Internet application that is available on the Internet through the Internet address https://ennsens.com , whose main functionality is the display, selection and ordering of goods by the User;
- "Purchase contract" means a purchase contract within the meaning of the provisions of § 2079 et seq. Of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
- "Shopping Cart" means a part of the E-shop, which is automatically generated by the activation of the relevant functions by the User within his actions in the user interface of the E-shop, in particular by adding or removing Goods and/or changing the quantity of selected Goods;
- "Civil Code" means Act No. 89/2012 Coll., The Civil Code, as amended;
- "Operator" means Mrs. Helena Tvrdíková, Company Identification Number: 11682752, with its registered office at Češkova 1240, 530 02, Pardubice - Zelené Předměstí, Czech Republic;
- "Consumer" means the User - a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into an Agreement with the Operator or otherwise deals with it;
- "User" means any legal or natural person who uses the E-shop;
- "Goods" means an item offered by the Operator for sale to the User through the E-shop;
II. Pre-contractual information for consumers
- With regard to the price of the Goods and transport costs and other fees, the following applies:
- The prices of the provided goods are listed on the website of all fees stipulated by law, however, the costs of delivery of goods or services vary according to the chosen method and transport provider and method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs are borne exclusively by the User.
- In the event of withdrawal from the Contract, the Consumer shall bear the costs associated with the return of the Goods, and in the case of a contract concluded by means of distance communication, the costs of returning the Goods if these goods cannot be returned by ordinary mail.
- Withdrawal from the contract applies that:
- Pursuant to the provisions of Section 1829, Paragraph 1 of the Civil Code, the Consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Agreement is several types of Goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
- Send the withdrawal from the contract to the Operator at Češkova 1240, 530 02, Pardubice - Zelené Předměstí, Czech Republic.
- The Consumer is obliged to send the Goods back to the Operator without undue delay, no later than within 14 days from the date of withdrawal from the given Purchase Agreement. The deadline is considered to be maintained even if the Goods are sent to the Operator no later than the last day of the above deadline.
- In the sense of § 1837 of the Civil Code, the Consumer may not withdraw from the contract for the supply of goods which has been modified according to the Consumer's wishes or for his person.
- If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing his bank account number for the return of the purchase price for the Goods, which may be reduced, if legal reasons are met.
- If the Consumer withdraws from the Purchase Agreement regarding the Goods, which he returns to the Operator damaged and/or worn, especially if the original markings of the Goods (ie labels, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods.
- You can find the form for withdrawal from the Purchase Agreement at https://ennsens.com/return-form.pdf.
- The Consumer is liable to the Operator for the reduction of the value of the Goods as a result of handling these goods in a manner other than that which is necessary to become acquainted with the nature and properties of the Goods, including its functionality.
- The operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the email address info@ennsens.com. You can lodge a complaint with the supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legal regulations.
III. The process of concluding a contract
- Through the E-shop, the Operator offers Users the purchase of the Goods by stating the designation of the Goods, detailed information about the properties of the Goods, prices of the Goods including value added tax and all related fees, transport costs and possibly return costs, if this cannot be returned by ordinary mail.
- To order the Goods, the User inserts the ordered Goods into the E-shop Shopping Cart by clicking on the "Add to Cart" button, on the cart's graphic icon, or on a button with a similar meaning. He then fills in the order form, which contains in particular information about:
- the ordered Goods;
- the method of payment of the purchase price;
- the method of delivery of the ordered goods, while being informed of the costs associated with such delivery,
hereinafter also referred to as "Order"
- Before sending the Order, the User is entitled to check the Order and change its content and the data he has filled in.
- The User undertakes to fill in the true and complete data in the relevant text fields in the Order, in particular his email address, telephone number, identification data and delivery address. The user acknowledges that the Operator will reasonably consider the data to be correct and complete and is not entitled to check the entered data.
- The user sends the order to the Operator by clicking on the button marked "Complete order" or "Send order" or on the button with similar meaning.
- Immediately after receiving the Order, the Operator will confirm this receipt to the User by email to the User's address specified in the Order.
- The Operator is entitled to ask the User for additional confirmation of the Order.
- The Purchase Agreement between the Operator and the User is concluded by delivery of the acceptance of the Order, which is sent to the User to the email address of the User specified in the order.
- The user agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred in connection with the conclusion of the purchase contract are borne by the user, and these costs do not differ from the basic rate.
- All Goods presented within the user interface of the E-shop are only informative and the Operator is not obliged to enter into an Agreement regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
IV. Purchase contract
- By concluding the Purchase Agreement, the following provisions enter into force:
- The User buys from the Operator the Goods that the User has chosen in the user interface of the E-shop by adding them to the Shopping Cart, in the quantity that the User has chosen and/or set for the given Goods in the user interface of the E-shop, and the User undertakes to pay the Operator. for the given goods the price stated for such Goods in the user interface of the E-shop.
- The Operator has the right to withdraw from the Purchase Agreement until the moment of sending the Goods to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him is also considered a withdrawal from the Purchase Agreement.
- The method of packaging the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
- The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified in the Order in the user interface of the Portal.
- The User has the right to choose from the options displayed to the User in the user interface of the E-shop the method of payment of the purchase price for the Goods and any other monetary benefits to the Operator.
- If any of the payment methods contains information on the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are listed for the payment in the user interface of the E-shop.
- In the case of non-cash payment by bank transfer, the User is obliged to state the variable symbol specified by the Operator.
- In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator's bank account.
- The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods may be combined with each other, unless explicitly stated otherwise.
- The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are exclusively the costs of the User.
- The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods by the User.
- The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All delivery times for the Goods listed in the E-Shop user interface are for guidance only.
- The Operator will always send the User a tax document - invoice in electronic form, to the User's email address entered in the given order in the User Interface of the E-shop.
- If the Operator provides a gift to the User together with the Goods, the donation agreement between the User and the Operator is concluded with the untying condition that if the Purchase Agreement terminates (eg to withdraw from the Purchase Agreement), the donation agreement expires with the Purchase Agreement and the User is obliged to return the provided gift to the Operator together with the goods.
- The Operator provides the User with a warranty for the Goods if the warranty period is stated for the given Goods in the user interface of the E-shop, for the period of the specified warranty period, while such warranty is valid only for consumers.
- The User is entitled to exercise the right to withdraw from the contract and the right from defective performance with the Operator at the address of its registered office. The moment when the Operator received the claimed Goods from the User is considered to be the moment of the complaint.
- If it is stated within the user interface of the E-shop that the Goods are used, the User buys the Goods in the used condition, including the stated defects of such goods.
- The risk of loss, damage and/or destruction of the Goods, which is the subject of the Purchase Agreement, passes to the User, who is the Consumer, at the moment of taking over the goods by the User.
- The risk of loss, damage and/or destruction of the Goods that are the subject of the Contract passes to the User, who is not a consumer, at the moment of taking over the goods by the User.
V. Protection of personal data
- The operator is obliged by law to protect and secure the personal data provided. The operator therefore uses various effective security technologies to protect personal data from unauthorized disclosure or use.
- For more information on privacy, please see our Privacy Policy here: https://ennsens.com/privacy-policy.
VI. Using the E-shop
- The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Business Conditions.
- The Operator has the right to change the E-shop, ie its technical solution and/or user interface.
- The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time strictly necessary for reasons of maintenance or repair of the E-shop or other reasons on the part of the Operator or a third party.
- The user is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate all damages that would thus be incurred by the Operator or third parties in full.
VII. Operator 's declaration
- The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
- Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price, and if not at the beginning.
- The User acknowledges that the photos of the Goods in the E-shop may be illustrative or may cause a distorting impression due to their conversion into the User's technical means, therefore the User is always obliged to get acquainted with the full description of the Goods and contact the Operator in case of doubt.
- The contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the Contact section.
VIII. Applicable law
- These Business Terms and Conditions, as well as the Purchase Agreement, are governed by the laws of the Czech Republic, in particular the Civil Code.
IX. Efficiency
- These Business Terms and Conditions enter into force on 6 February 2022.