Terms and conditions
1. Introduction and identity of the Company
Sen.se is a French company registered under N° RCS Paris B 520 303 660 and intracommunitary VAT N° FR 87520303660. Offices are located at 34 Av. des Champs-Élysées, Bâtiment A - 3e étage, 75008 Paris (France). Phone number is +33 1 85 09 92 63. Registered Office is 10, rue St Sébastien 75011, Paris (France). Our servers are located Sigmundstrasse 135, 90431 Nuremberg, Germany.
2. Scope of the General Sales Conditions
These general sales conditions have for purposes (a) to inform any potential customer of the terms and conditions under which Sen.se sells and delivers the products ordered and (b) to set out the rights and obligations of the parties within the framework of the sale of the products by the seller to the customer. They apply, without restriction or reservation, to all orders for products made available by Sen.se on its Internet website (located at sen.se or sensemother.com and more generally all URL and websites administered by Sen.se or within the Sen.se domain).
Sen.se reserves the right to change these general sales conditions at any time.
The prices of Sen.se products are indicated in Euros, Dollars or British Pounds excluding delivery charges. The delivery charges are shown prior to your orderís registration and are invoiced separately. Their amount depends upon the destination of the order. At some period, Sen.se might wave all or part of the delivery charges at its own discretion.
The prices include value-added tax (VAT) at the applicable rate on the day of the order when products are shipped to a country which is part of the EU community. Any change in the applicable VAT applicable rate will be automatically applied to the prices by Sen.se on its website. For countries outside of the EU community, prices will be applied excluding VAT, VAT and any other applicable import tax will be paid by the end customer at his countryís customs.
Sen.se reserves the right to modify the prices of products offered on its website at any time. You will be charged the prices displayed on Sen.se website at the time your order is registered.
4. Product specifications
In accordance with Article L 111-1 of the Consumer Code, you may, prior to placing your order, consult the Sen.se website, Sen.se, in order to be aware of the basic specifications of the products that you wish to order.
Sen.se shall not be committed in any way by the photographs, graphical representations or descriptions of products displayed on its website, and offered for purely indicative sale purposes.
When you register an order on the Sen.se website, you acknowledge (a) that you have accepted, without restriction or prejudice, these general sales conditions, (b) the prior knowledge of them before placing your order, (c) that you are legally able to commit yourself with regard to these general sales conditions, (d) that you have made an informed decision and have accepted without prejudice the prices, volumes and quantities of the products offered for sale and ordered and (e) that the products purchased on the Sen.se Internet website are not linked to your professional activities and are strictly for personal use.
All orders submitted by you are subject to acceptance by Sen.se. Sen.se may choose not to accept your order for any reason without liability to you.
Once your order has been accepted by our services you will separately receive to the e-mail address provided when placing an order the order confirmation and the productsí invoice. You should keep a copy of this information.
6. Reservation of title
The delivered products remain the property of Sen.se until full payment of all claims arising from the order, including the principal, costs and taxes.
The following payment methods may be accepted by Sen.se website: (a) Credit Cards (VISA, Mastercard and others)
Payment must be made when you place the order. Sums involved in the payment shall not be considered as down payments or advances. We will process the entire amount due along with the order confirmation.
By using our payment facilities, you guarantee to Sen.se that you have the necessary authorizations for the payment of your order.
In the event of non-payment of any sum due or in the event of a payment irregularity, Sen.se reserves the right at any time after receiving your order to suspend or cancel your order and/or delivery.
As compensation for late payment, penalties equal to the legal rate of interest increased by 5 points are applied to the entire outstanding unpaid balance, ten days after the date of the invoice or immediately from the notification that the bank payment has been rejected for any other means of payment.
As a protection against fraud, Sen.se reserves the right to request ID documents for any credit card payment. Sen.se reserves the right to refuse to ship orders to customers refusing to make such information available or whose information is suspicious in anyway.
Within the framework of the fight against Internet fraud, information concerning your order may be forwarded to third parties for verification. Your order may be delayed if additional verification of billing information is necessary.
Please ensure that your billing and shipping addresses are exactly correct, to avoid delays in order processing. Incorrect information may cause a delay in the processing of your order.
8. Choice of Products
By accepting those general sales conditions, you have taken knowledge of Sen.se products and their specifications. Before placing an order, you have under your sole responsibility (a) to choose the products that are the subject of your order, based on your needs and (b) to judge of the compatibility of the products ordered with those you use.
If you consider that you do not have the competence needed to make such a judgment, it is exclusively up to you to seek advice.
The products are delivered to the shipping address you provided during the order.
In order to ensure quality of service, we select an appropriate delivery services in light of your delivery address. Orders may be handled by Fedex, GTL, UPS, Colissimo, the Royal Mail, DPD, BPost, or similar operators. In order to monitor the progress of the delivery of your order, you will receive an email with a tracking number or an estimated delivery date.
We ask you to be watchful when receiving your order concerning the state of the parcel's packaging and its contents, in the presence of the carrier employee.
Should you have any doubts whatsoever about a possible anomaly, you must: (a) Follow the carrierís procedures (in particular, notify of any damages, claims, and reservations) and refuse to accept the merchandise by immediately making a declaration to the carrier worker that the products are not in good order (b) Inform Sen.se of the irregularities, providing the order number.
10. Delivery times
Products that are in-stock are usually delivered within 3 to 8 business days. Shipping time depends upon the destination of the order.
An investigation with respect to the shipping company regarding a delay in delivery may take up to 21 business days. If, during this period, the products are found, they will be immediately forwarded to the place of delivery indicated in the order.
On the other hand, if the ordered products are not found after this period of 21 days of investigation, Sen.se shall, at its expense, resend the products that you ordered.
Should the product ordered no longer be available, the provisions of section ëProduct Availabilityí shall apply. In the event of a change of product, the shipping costs are at the consumer's expense (see section ëRight to cancel and return policyí for more information).
Please note that these delivery times are purely indicative. You shall not claim any damages, withhold any sums, or cancel the order in the event where the delivery takes longer than said time. Nevertheless, in accordance with article L 121.20.3 of the Consumer Code, the products ordered shall be delivered within a maximum period of 30 days from the date when order has been registered and payment has been paid in full. You may cancel your order in the contrary event.
Some out of stock products may have delivery times longer than 30 days following the date of the order. Such products will clearly bear the estimated delivery time. By ordering these products you will automatically accept these extended delivery time.
11. Quality and conformity problems
May you judge the product to be defective or not in compliance, you shall address your claim to Sen.se within a period of 14 days from the receipt of the products. Please refer to the section ìRight to cancel and return policy for further advices. In case of doubt you can contact: email@example.com
If you fail to respect given time periods and return procedure, you will lose the ability to make any claim of non-conformity or defect, and products delivered will be then considered as being in compliance and exempt from any apparent defect.
12. Product availability
There may be occasions when Sen.se confirms your order but subsequently learns that it cannot supply the ordered product.
In accordance with the provisions of Article L121.20.3 of the Consumer Code, Sen.se will, in this case, inform you as soon as possible and may supply an alternative product of equal quality and price. The delivery charges will then be borne by Sen.se.
In the event that Sen.se does not make use of this facility, we will refund you no later than 30 days from your payment.
13. Right to cancel and return policy
Should you wish to return a defective or not in compliance product, with a view to exchanging it or seeking a refund, or should you wish to utilize your right to cancel and return, you must comply with all the following conditions and strict cancel-and-return procedure.
This cancel-and-return procedure is a 3 steps process.
Step 1: return request
In accordance with Article L121-16 of the Consumer Code, you have 14 calendar days from the day of delivery of the product ordered, to request a product return at your own expenses.
To request a return, you should send an email to firstname.lastname@example.org mentioning:
(a) Your order number
(b) Your full contact details and
(c) The product references
(d) A description of the problem in the case of a non-conformity/quality return
Step 2: return the product:
In answer to your return request, we will send you an email with a RMA number and a return address.
The return of the products must take place within 14 business days of Sen.se issuing an RMA number. At the end of that period, Sen.se will not exchange or refund the products ordered.
All costs and risks involved in the return of the products are at your own expense. It is strongly recommended that you return the products by receipted registered post to ensure its arrival at the given address. You understand that a parcel that is not sent by Sen.se cannot be taken under the responsibility of the latter. As the addresser, you are the only one in a position to ask the carrier to open an inquiry.
All the following elements/conditions must be fulfilled for Sen.se to accept your return:
(a) Your return must have Sen.se prior authorization and the RMA number, provided by the Sen.se Customer Service, printed out, filed and attached to the returned product.
(b) You must respect the original state of the product (sealing, packaging, accessories, manual, etc)
(c) You must provide attached invoice relating to the purchase.
(d) Incorrect or excessive use, a deteriorated state of presentation, and in general any inappropriate use with respect to the purpose for which the product was meant, will void you right to return the product.
(e) We will not refund or reimburse any product that has been damaged, or whose original packaging has been deteriorated. In particular, if the productís packaging has been deteriorated during the return, Sen.se will not accept its reimbursement.
Step 3: refund
Upon receipt of the Product returned, Sen.se will confirm its good reception by sending you an e-mail.
Sen.se reserves the right to decide in good faith if all of these conditions have been met.
Sen.se acceptation of your return will result in a cash refund. This refund may be made by re-accrediting the payment method used for the original payment of the Product. It will take place within 30 days at most after issuing the receipt confirmation of the Product.
The products offered by Sen.se are in accordance with the current French legislation.
Sen.se shall not be held liable for the total or partial non-performance or a delay in performance of the contract, that is caused by the product being out of stock, unavailable, or by a Force Majeure Event including, without limitation, severe disturbance in the security of the Internet, technical failures, unauthorized access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failure.
Sen.se shall not be held liable for any indirect damages that might arise from the fact of purchasing the products.
15. Limited Warranty
Sen.se Products are guaranteed against all material and manufacturing defects for one year from the date of purchase (stipulated on the receipt) by end customer. To benefit from the warranty, Customers should first seek help from the online technical support resources at sen.se/support. If, after using these resources, the Product still does not work properly, Customers should contact Sen.se who will determine whether the Product requires servicing under warranty or maintenance and inform the Customer how this service is to be carried out. Repairs under warranty do not extend the warranty period. The sole obligation for Sen.se under the terms of this warranty is the free replacement or repair of the Product or the component, which its services agree is defective unless such action proves impossible or disproportionate. To benefit from the warranty all Products must first be presented to a Sen.se technical support representative whose agreement is mandatory prior to any replacement. Any shipping costs are at the Customer's expense. The warranty does not apply to visible defects. Also excluded are: defects and damage due to normal wear and tear or external accidents (error of assembly, wrong maintenance or use, etc.) or by any change to the Product not planned or specified by Sen.se. The present warranty applies only to Sen.se Products. Sen.se does not guarantee that the Product will work continuously or without error. Sen.se does not guarantee that the Product will work properly in any network configuration or when connected to any network provider’s infrastructure. Sen.se cannot be held liable for any damage or harm arising from failure to comply with the instructions for use of the Product. The warranty does not apply to the following: (a) any damage due to accident, misuse, abuse, flood, fire, earthquake or other external causes; (b) any damage due to use of the Product other than within the uses prescribed and/or authorized by Sen.se; (c) any damage arising from the Product being opened; (d) any damage caused by repair or other action by any person who is not a representative of Sen.se; (e) to any Product or component which has been changed so as to significantly change its function or capacity without the prior written permission of Sen.se; (f) to consumables such as batteries except if the damage is due to a defect in Product materials or manufacture; or (g) where any Sen.se serial number or product ID has been removed or otherwise made illegible; or (h) to services, network connectivity, and messaging.
WITHIN THE LIMITS OF APPLICABLE LEGISLATION, THE PRESENT WARRANTY AND THE CLAIM FACILITIES DETAILED HEREINAFTER ARE EXCLUSIVE AND TAKE PRECEDENCE OVER ANY OTHER CONTRACTUAL WARRANTIES, CLAIM FACILITIES AND CONDITIONS WHETHER WRITTEN, VERBAL, LEGAL, EXPLICIT OR TACIT. WITHIN THE LIMITS OF APPLICABLE LEGISLATION, SEN.SE EXPRESSLY EXCLUDES ALL TACIT WARRANTIES INCLUDING MARKETING GUARANTEES, GUARANTEES OF SUITABILITY FOR A GIVEN USE AND GUARANTEES AGAINST LATENT OR HIDDEN DEFECTS. WHERE SEN.SE IS NOT LEGALLY ENTITLED TO REFUSE A TACIT OR LEGAL WARRANTY, WITHIN THE LIMITS OF APPLICABLE LEGISLATION, SAID WARRANTIES SHALL BE LIMITED TO THE DURATION OF THE PRESENT EXPLICIT WARRANTY AND THE SUPPLY OF A SERVICE OF REPAIR OR REPLACEMENT AS DETERMINED AT THE SOLE DISCRETION OF SEN.SE. No Sen.se employee, agent or dealer is authorized to modify, extend or complete the present guarantee in any way.
EXCEPT AS PROVIDED FOR IN THE PRESENT WARRANTY AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LEGISLATION, SEN.SE CANNOT BE HELD LIABLE FOR ANY DIRECT, SPECIFIC, ACCESSORY OR INDIRECT DAMAGE RESULTING FROM ANY VIOLATION OF ANY WARRANTY OR CONDITION OR THE TERMS OF ANY OTHER LEGAL CONCEPT INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, REVENUE, PRESENT OR FUTURE LOSS OF PROFIT (INCLUDING ANY LOSS OF PROFITS RELATED TO CONTRACTS), ANY LOSS OF FINANCIAL WHEREWITHAL, EXPECTED LOSS OF SAVINGS, LOSS OF BUSINESS, OPPORTUNITY, CLIENTELE, REPUTATION, OR ANY INDIRECT OR SUBSEQUENT LOSS OR DAMAGE. THE PRESENT LIMITATION DOES NOT APPLY TO CLAIMS RELATING TO DEATH OR INJURY. SEN.SE MAKES NO UNDERTAKING IN RESPECT OF ITS ABILITY TO REPAIR ANY PRODUCT UNDER THE TERMS OF THE PRESENT WARRANTY OR OF THE ABSENCE OF RISK IN THE EVENT OF EXCHANGE FOR ANOTHER PRODUCT.
FOR CONSUMERS COVERED BY LAWS OR CONSUMER PROTECTION REGULATIONS IN VARIOUS COUNTRIES OF PURCHASE OR WHERE DIFFERENT, OF THEIR COUNTRY OF RESIDENCE, THE BENEFITS OF THE PRESENT WARRANTY ARE IN ADDITION TO ALL RIGHTS AND CLAIM FACILITIES PROVIDED BY THESE LAWS AND CONSUMER PROTECTION REGULATIONS. Some countries, States and regions do not allow exclusion from or limitation of indirect and/or subsequent damage for the duration of the warranty or tacit conditions, in which case the above exclusions and limitations do not apply to all such Customers. The present warranty provides the Customer with specific legal rights; Customers may benefit from additional rights depending on local legislation.
16. Partial invalidity
If any provision of these general sales conditions is found to be invalid by any court having competent jurisdiction or declared as such in accordance with a law or regulation, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The fact that one of the parties does not insist that the failure by the other party to fulfill any obligation referred to in these general sales conditions be remedied shall not be construed as a waiver of the obligation in question in further occasions. No waiver shall be effective against Sen.se unless made by an authorized officer of Sen.se in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
The information collected by Sen.se when you place any order on the website is needed for the management of your order by Sen.se and its business partners. The file containing the information recorded has been the subject of a declaration to the CNIL (French Data Protection Authority). In accordance with the French Data Protection Law nr 78-17 of 6 January 1978, you have the right to access, request the rectification of, oppose and request the deletion of the data concerning you held by Sen.se.
19. Applicable law
The sales of products by Sen.se are subject to the regulations concerning distance selling in force in the European Community today. If you order is for export, you should check with the local authorities about the entry conditions and specific prohibitions applying for the ordered items. It is your responsibility to make the necessary declaration(s) and/or payment(s) to the appropriate authorities and/or officials in your respective country.
Sen.se cannot be held liable if you do not respect the legislation of the country in which the items will be introduced.
Any dispute resulting from these general sales conditions will fall within the exclusive jurisdiction of the competent French courts.
EU Declaration of Conformity
We, Sen.se, hereby declare that this device is in compliance with the essential requirements and other relevant provisions of Directive 1999/5/EC.
We, Sen.se, hereby declare that the SensePeanuts family of products (ThermoPeanut, GuardPeanut and SleepPeanut) is in compliance with the essential requirements and other relevant provisions of the RED Directive 2014/53/EU.
Déclaration CE de conformité
Sen.se certifie également que la gamme de produits SensePeanuts (ThermoPeanut, GuardPeanut and SleepPeanut) est conforme aux dispositions de la directive RED Directive 2014/53/UE.
Sen.se certifie également que les produits SensePeanuts sont conformes aux dispositions de la directive RED Directive 2014/53/UE.