Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: a natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Ongoing transaction: a distance contract concerning a series of products and/or services for which the delivery and/or purchase obligation is spread over time.
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
- Right of withdrawal: the ability for the consumer to withdraw from the distance contract within the cooling-off period.
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
- Distance contract: an agreement in the context of a system organized by the entrepreneur for the distance sale of products and/or services, where up to the conclusion of the agreement, only one or more techniques for distance communication are used.
- Means of distance communication: a means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously in the same room.
- Terms and Conditions: these Terms and Conditions of the entrepreneu
Article 2 – Identity of the Entrepreneur
Sense
Email: info@sense.com
Phone number: +31 6 41544941
Available on weekdays from 9:00 AM to 5:00 PM
Note: We do not have a physical store or pick-up point.
Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these terms and conditions can, in deviation from the previous paragraph, be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply, and in case of conflicting conditions, the consumer can invoke the most favorable provision for them.
If one or more provisions in these terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions should be assessed in the spirit of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted in the spirit of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.
Every offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
- The price, including taxes.
- Any delivery costs.
- The method of concluding the agreement and the steps required for this.
- Whether or not the right of withdrawal applies.
- The method of payment, delivery, and performance of the agreement.
- The period for accepting the offer or the period within which the entrepreneur guarantees the price.
- The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the basic rate for the means used.
- Whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer.
- The way in which the consumer can check and, if necessary, correct the information they provided before concluding the agreement.
- Any other languages in which the agreement can be concluded, besides Dutch.
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.
- The minimum duration of the distance contract in the case of an ongoing transaction.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – gather information about the consumer’s ability to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The address of the entrepreneur's establishment where the consumer can lodge complaints.
- The conditions under which and how the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.
- Information on guarantees and existing after-sales services.
- The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to terminate the agreement without providing any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance and communicated to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product.
Note: If the product or its packaging is damaged more than necessary to try the product, we may charge the consumer for the depreciation of the product. Therefore, handle the product with care and ensure that it is properly packaged when returning it.
If the consumer exercises their right of withdrawal, they must return the product, including all accessories and—if reasonably possible—in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. Notification should be made via written communication or email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the product was returned on time, for example, by providing proof of shipment.
If the consumer does not notify the entrepreneur of their intention to use the right of withdrawal within the specified periods in clauses 2 and 3, or does not return the product to the entrepreneur, the purchase is final.
More information about exercising the right of withdrawal can be found on our page about the right of withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in clauses 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly states this in the offer or at least in time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the consumer’s specifications;
b. that are clearly personal in nature;
c. that, due to their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal;
h. for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
b. where the delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
c. related to betting and lotteries.
Article 9 – Pricing
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous clause, Sense may offer products or services with variable prices if these are subject to fluctuations in the financial market over which Sense has no control. This link to market fluctuations and the fact that any listed prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Sense has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Sense is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
Sense guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations at the date of the conclusion of the agreement. If agreed, Sense also guarantees that the product is suitable for other than normal use.
Any warranty provided by Sense, the manufacturer, or the importer does not affect the legal rights and claims that the consumer can enforce under the agreement against Sense.
Any defects or incorrectly delivered products must be reported to Sense in writing within 14 days of delivery. Products must be returned in their original packaging and condition.
The warranty period provided by Sense corresponds to the manufacturer's warranty period. Sense is never responsible for the ultimate suitability of the products for every individual application by the consumer or for any 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 has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to Sense's instructions and/or the packaging;
- The defect is entirely or partially the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
Sense will exercise the utmost care when receiving and executing orders for products.
The delivery address is the address provided by the consumer to Sense.
In accordance with Article 4 of these terms and conditions, Sense will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
In the event of termination under the preceding clause, Sense will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of a product proves impossible, Sense will make every effort to provide a replacement product. The consumer will be clearly informed of the replacement product no later than the time of delivery. Replacement products are subject to the right of withdrawal. The cost of any return shipment is borne by Sense.
The risk of damage and/or loss of products rests with Sense until the moment of delivery to the consumer or a representative previously designated and made known to Sense, unless explicitly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time with due regard to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate an agreement concluded for a fixed term, which involves the regular delivery of products (including electricity) or services, at any time at the end of the specified term, with due regard to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements referred to in the previous clauses:
- At any time without being restricted to termination at a specific time or in a specific period;
- In the same way as the agreements were concluded;
- Always with the same notice period as Sense has stipulated for itself.
Renewal
An agreement concluded for a fixed term and involving the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Contrary to the previous clause, an agreement concluded for a fixed term and involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum duration of three months, provided the consumer may terminate the renewed agreement at the end of the extension.
An agreement concluded for a fixed term and involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period not exceeding one month or a notice period not exceeding three months if the agreement involves less frequent delivery (e.g., less than once per month).
An agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period not exceeding one month, unless the agreement explicitly states otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in the provided or stated payment details to Sense.
In the event of non-payment by the consumer, and subject to legal restrictions, Sense has the right to charge reasonable costs that were made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to Sense fully and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to Sense will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Sense 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 through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of Sense, unless Sense explicitly states otherwise in writing.
If a complaint is deemed valid by Sense, Sense will, at its discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between Sense and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
Article 16 – Online Dispute Resolution
As a consumer, you can submit disputes about online purchases to the European Online Dispute Resolution (ODR) platform. This platform offers a simple, efficient, and independent way to resolve disputes outside of court. The ODR platform is accessible via the following link:
Disclaimer and Liability
The information and products on this website are provided on an "as-is" basis. Sense acts solely as an intermediary and facilitator between you and the product suppliers. We are not responsible for the products directly provided by the suppliers.
Liability
We accept no liability for any damage, loss, or dissatisfaction resulting from:
- The use of products purchased through our website.
- Defects, quality issues, or inaccurate information regarding products provided by the suppliers.
- Delayed delivery or shipping issues caused by the suppliers.
It is your responsibility to carefully read and follow the product information and instructions provided by the supplier.
By using our website and products, you agree to these general terms and conditions and acknowledge that Sense is not liable for any claims or damages arising from the use of the products or any other related issues.