Terms of service
General Terms and Conditions
ARTICLE 1 – DEFINITIONS
The following definitions apply in these General Terms and Conditions:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who concludes a distance contract with the trader;
Term transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance selling contract: an agreement concluded within a system organized by the trader for the distance selling of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same physical space.
General Terms and Conditions: these General Terms and Conditions of the trader.
ARTICLE 2 – IDENTITY OF THE TRADER
iSense&Essentials®️
Address: Office 12 Initial Business Centre,
WBP, Manchester, M40 8WN
Email address: helpdesk@isenseessentials.de
Telephone number: +447719188926
ARTICLE 3 – APPLICABILITY
These General Terms and Conditions apply to every offer made by the trader and to every distance selling contract and order placed between the trader and the consumer.
Before the conclusion of the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the conclusion of the distance contract that the General Terms and Conditions can be viewed at the trader's premises and will be sent to them free of charge as soon as possible upon request.
If, contrary to the preceding paragraph, the distance contract is concluded electronically before the conclusion of the distance contract, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed before the conclusion of the distance contract where the General Terms and Conditions can be read electronically and that they will be sent to them free of charge, either electronically or otherwise, upon request.
In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the case of conflicting terms and conditions, the consumer may always invoke the provision most favorable to them.
If, in addition to these General Terms and Conditions, specific product or service terms and conditions apply, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the provision most favorable to them.
If, contrary to the preceding paragraph, the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically and that they will be sent to them free of charge upon request. Should one or more provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable at any time, the contract and these General Terms and Conditions shall otherwise remain in full force and effect, and the invalid provision shall be replaced immediately by a provision that most closely approximates the intent of the original.
Situations not covered by these General Terms and Conditions shall be assessed in the spirit of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted in the spirit of these General Terms and Conditions.
ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow for a reasonable assessment of the
consumer's offer. If the business uses images, these must be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the business.
All images, specifications, and data in this offer are indicative and do not entitle the customer to compensation or contract termination.
Images accompanying products are a true representation of the products offered. The seller cannot guarantee that the colors shown exactly match the actual product colors.
Each offer contains sufficient information to clearly explain the rights and obligations associated with accepting the offer. This applies in particular to:
The price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will utilize the special scheme for postal and courier services with regard to imports. This scheme applies when the goods are imported into the destination country of the Union, which is also the case here. The postal and/or courier service will collect VAT (regardless of whether it is collected together with the invoiced customs clearance fees or not) from the recipient of the goods;
The applicable shipping costs; The manner in which the agreement is concluded and the measures required for this; Whether or not a right of withdrawal exists; The method of payment, delivery, and performance of the contract; The period for accepting the offer or the period within which the trader guarantees the price;
The rate for distance communication if the costs of using distance communication technology are calculated on a basis other than the standard basic rate for the means of communication used;
Whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
The manner in which the consumer can review and, if necessary, recover the data provided by them under the contract before its conclusion;
All languages other than Dutch in which the agreement can be concluded; the codes of conduct submitted by the trader and how the consumer can access these codes of conduct electronically; and
The minimum duration of the distance contract in the case of a duration transaction. Optional: available sizes, colors, and types of materials.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until the trader confirms receipt of this acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
Within the legal framework, the trader may obtain information about the consumer's ability to meet their payment obligations, as well as about any facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the trader has good reason not to conclude the contract, they are entitled to refuse an order, make justified demands, or attach special conditions to its execution.
The trader shall send the consumer the following information with the product or service in writing or in a way that allows the consumer to store it accessibly on a durable medium:
1. The address of the trader's establishment to which the consumer can address complaints;
2. The conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. Information on warranties and existing after-sales service;
4. The information contained in Article 4, paragraph 3 of these General Terms and Conditions, unless the trader has already provided this information to the consumer before the contract was concluded;
5. The conditions for terminating the contract if it has a duration of more than one year or is indefinite.
In the case of a long-term contract, the provision in the preceding paragraph applies only to the first delivery.
Each contract is subject to the suspensive condition of sufficient availability of the products in question.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to withdraw from the contract within 30 days without giving any reason. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer in advance and communicated to the trader, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories and, where reasonably possible, in its original condition and packaging, in accordance with the trader's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the goods. The consumer must do so by written notice/email. After the consumer has notified the seller that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods were returned on time, for example, by providing proof of shipment.
If, after the deadlines specified in paragraphs 2 and 3, the customer has not notified the seller that they wish to exercise their right of withdrawal, or has not returned the product to the seller, the purchase becomes legally binding.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has already paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional upon the product already having been received back by the online shop owner or conclusive proof of its complete return being provided.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the
The trader has clearly expressed this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for the following products:
1. Products manufactured by the trader according to the consumer's specifications;
2. Products that are clearly personalized;
3. Products that, by their nature, cannot be returned;
4. Products that are liable to deteriorate or expire rapidly;
5. Products whose price is subject to fluctuations in the financial market which are beyond the trader's control;
6. Individual newspapers and magazines;
7. Audio and video recordings and computer software whose seal has been broken by the consumer;
8. Hygiene products whose seal has been broken by the consumer.
The right of withdrawal can only be excluded for services that are:
1. Accommodation, transport, restaurant, or leisure activities that are to be performed at a specific time or during a specific period;
2. The performance of which has begun with the consumer's express consent before the end of the withdrawal period;
3. In relation to betting and lotteries.
ARTICLE 9 – THE PRICE
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This obligation to accept price fluctuations and the fact that the stated prices are indicative prices are stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory regulations or provisions.
Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
1. Those arising from legal regulations or provisions; or
2. The consumer has the right to terminate the contract with effect from the date the price increase takes effect.
The place of delivery is determined according to Article 5, Paragraph 1 of the Value Added Tax Act of 1968, in the country where transport begins. In this case, the delivery is outside the EU. The postal or courier service will then collect import VAT or customs clearance fees from the customer. Therefore, no VAT is charged by the seller.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing or typesetting errors, the seller is not obligated to deliver the product at the incorrect price.
ARTICLE 10 – CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable requirements for robustness and/or usability, and the statutory provisions and/or government regulations in force at the time of conclusion of the contract. If agreed upon, the entrepreneur also guarantees that the product is suitable for a use other than its normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any specific application by the consumer or for providing advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the seller and/or the instructions on the packaging;
The defect is wholly or partly the result of regulations established or issued by the government regarding the type or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The company will exercise the utmost care in receiving and processing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and is entitled to compensation.
In the event of cancellation pursuant to the preceding paragraph, the company will refund the amount paid by the consumer as quickly as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the company will make every effort to provide a substitute product. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the seller.
The risk of damage to and/or loss of products remains with the seller until the time of delivery to the consumer or a representative designated by the seller, unless expressly agreed otherwise.
ARTICLE 12 – TERM TRANSACTIONS: TERM, TERMINATION, AND RENEWAL
Termination
The consumer may terminate a contract concluded for an indefinite period and relating to the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a fixed term and relating to the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs
at any time and is not limited to termination at a specific time or within a specific period;
at least in the same manner in which they were entered into;
always give notice with the same notice period that the trader has stipulated for themselves.
Extension
A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a further fixed term.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular supply of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided the consumer can terminate the extended contract at the end of the extension period with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may only be tacitly extended indefinitely if the consumer can terminate the contract at any time with a notice period of no more than one month, or, if the contract concerns the delivery of daily, news, and weekly newspapers and magazines less than once a month, with a notice period of no more than three months.
Contracts concluded for a fixed term for the regular supply of products or services may only be tacitly extended indefinitely if the consumer can terminate the contract at any time with a notice period of no more than one month, or with a notice period of no more than three months if the contract concerns the delivery of daily, news, and weekly newspapers and magazines less than once a month. A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.
Expensive
If a contract has a term of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as defined in Article 6, paragraph 1. In the case of a contract for the provision of services, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or indicated.
In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the consumer the reasonable costs communicated to them in advance.
ARTICLE 14 – COMPLAINT PROCEDURE
Complaints concerning the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days of the consumer discovering the defects.
Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
- A complaint does not suspend the business's obligations unless the business states otherwise in writing.
- If the business deems a complaint justified, it will, at its sole discretion, replace or repair the delivered products free of charge.
ARTICLE 15 – LEGAL DISPUTES
Contracts between the trader and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
ARTICLE 16 – SMS MARKETING
By agreeing to iSense&Essentials's SMS marketing at checkout and initiating a purchase, or by subscribing via our subscription tools, you consent to receive recurring SMS notifications (regarding your order, including abandoned cart reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on a state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to opt out of receiving SMS marketing messages and notifications, reply STOP to any mobile message we send you or use the unsubscribe link provided in each of our messages. You understand and agree that alternative methods of opting out, such as using different words or requests, are not considered acceptable methods of opting out. We do not charge for the service, but you are responsible for any costs and fees charged by your mobile carrier for text messages. Message and data rates may apply.
If you have any questions, please text HELP to the number from which you received the messages. You can also contact us at https://www.isenseessentials.de/pages/contact
We reserve the right to change the telephone numbers or short codes we use to operate the service at any time. You will be notified in such cases. You agree that messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received, and we are not liable for fulfilling any requests made in such messages.
To the extent permitted by law, you agree that we are not liable for any failed, delayed, or misdirected delivery of information transmitted through the Service, for errors in that information, and/or for any action you take or fail to take in reliance on the information or the Service.
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