Terms and Conditions

Scope

The following terms and conditions apply to all orders via our online shop.

Contracting partner, conclusion of contract

The purchase contract is concluded with SensuSport GmbH.

By placing the products in the online shop, we submit a binding offer to conclude the contract for these articles. You can initially place our products in the shopping cart with no obligation to purchase and correct your entries any time before submitting the binding order. Please do so by using the correction tools that are explained during the order process. The contract becomes effective if you accept the offer for the products placed in the shopping cart by clicking the order button. Immediately after sending the order, you will receive a confirmation by email.

Contract language, storage of the contract text

The languages available for the contract conclusion are German and English. (German version)

We will save the text of the contract and send you the order details and our terms and conditions by email.

You can request the text of the standard contract via orders@sensusport.com.

Participation in Free Testing Program

SensuSport GmbH reserves the right to encourage users to apply for a pre-selected testing program for which users will receive a product sample for a 2 weeks trial period.

After the trial period the user is asked to send the product back to our Logistics facility via a provided return label.

While attending, SensuSport may inform the customer about the product, further details can be found in the Privacy Policy.

During the free trial the SensuGlasses in its full delivery scope remains property of SensuSport GmbH. Self-inflicted damage to the product and loss of the product must be replaced. Self-inflicted damage is defined as but not limited to: damaging from dropping the device, water damage, inappropriate handling or transport, stepping on the device.

In case of an irreparable damage, we claim the right to assess each case individually. If the damage is incurred by the tester, we will ask the tester to purchase the product for the regular price of 671,43€ (excl. taxes).

If the product can be repaired we will charge a repair fee of 250,00 €.

In case that we have to charge the tester a repair or damage fee we will provide an invoice payable via the payment methods mentioned below in the Payment section.

For all matters we commit to delivering the best service to our participants. If you have questions do not hesitate to contact us at testing@sensusport.com.

Terms of delivery

We will deliver within Germany, the EU and worldwide according to the respective delivery conditions, handling and insurance included. The delivery prices are understood as flat fee.

We deliver exclusively via shipping. Picking up the goods yourselves is not possible.

Payment

In general, the following payment methods are available in our shop:

Advance payment:

When selection the advance payment option, we will send you our bank details in a separate email and deliver the products after receipt of payment.

Credit card:

By submitting the order, you will transmit your credit card information simultaneously.
After we verified that you are the legitimate cardholder, we will ask the credit card company to initiate your payment immediately upon completion of the order. The credit card company will carry out the payment transaction automatically and charge your card. We do not store or process any credit card details on our own servers.

PayPal:

You will be directed to the website of the online payment-handling service PayPal during the order process. To be able to pay the amount due via PayPal, you need to be registered there or register yourself first, legitimise yourself with your credentials and confirm the payment order. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. PayPal will automatically carry out the payment transaction directly afterwards. You will receive further instructions during the order process. We are not responsible or liable for any activities or conduct of PayPal, and you agree to hold us harmless, and expressly release us, from any and all liability arising from or in connection with any products that are offered for sale and purchased through the online shop.

Instant bank transfer:

After placing your order, you will be directed to the website of the online payment-handling service Sofort GmbH. To be able to pay the amount due via Sofort, you need to have a bank account with PIN / TAN, which is enabled for Sofort. Then you need to legitimise yourself accordingly and confirm the payment order. You will receive further instructions during the order process. Sofort will carry out the payment transaction directly afterwards and charge your account.

Warranty and guarantee

Unless expressly agreed otherwise, the statutory warranty rights apply.
The limitation period for any claims arising from defects of used goods is one year after delivery of the goods.

The above-mentioned restrictions and shortenings of the time-limits do not apply to claims resulting from damages that were committed by us, our legal representatives or agents,

– in case of harm to life, limb or health;

– in case of intentional or grossly negligent violations of our obligations or in case of fraudulent intent;

– in case of a breach of major contractual obligations, whose fulfilment mainly facilitates the proper performance of the contract and the observance of which the client relies on, and may rely on, regularly (cardinal duties); and

– within a guarantee commitment, as far as agreed or as far as the scope of the product liability law allows this.

For information about additional guarantees and their precise conditions, see the respective product and the specific information pages in the online shop.

SensuSport GmbH warrants that all products supplied by SensuSport GmbH shall meet the applicable product specification, shall be free from material defects in materials or workmanship, and shall be manufactured in compliance with all applicable laws and regulations. Subject to the Liability and Warranty and Guarantee sections of the SensuSport GmbH’s Terms and Conditions (and without limiting the remedies and indemnification obligations set forth therein), SensuSport GmbH’s sole and exclusive remedy for breach of warranty shall be for SensuSport GmbH, at its election, to replace the non-conforming products or refund the customer’s purchase price (including any shipping costs incurred by the customer) for such products.

Customer service

For questions, returns and complaints, please contact our customer service on workday from 9 am to 6 pm by calling +49 89 54884 3913 or send an email to orders@sensusport.com.

Liability

Please comply with all safety instructions when using the products. You can find them in the User Instructions of the SensuGlasses SSSG – G1 – 3DP (Section 3 –  “Safety”) attached to the product packing. We assume no liability for any damages arising from your non-compliance with such safety instructions.

For claims resulting from damages that were committed by us, our legal representatives or agents, we shall be liable without limitation:

– in case of harm to life, limb or health,

– in case of intentional or grossly negligent violations of our obligations,

– in case of guarantee commitments, as far as agreed, or

– as far as the scope of the product liability law allows this.

In case of a breach of major contractual obligations, whose fulfilment mainly facilitates the proper performance of the contract and the observance of which the client relies on, and may rely on, regularly (cardinal duties), through slight negligence by us, our legal representatives or agents, the liability for damage is limited to the amount of damage foreseeable at the time of contract conclusion and which must typically be expected. All further claims for damages are excluded.

Settlement of disputes

The European Commission operates a platform for online dispute settlement at https://ec.europa.eu/consumers/odr/. We are willing to participate in an extrajudicial conciliation procedure before a consumer conciliation board. The competent authority is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein.

Instruction concerning right of revocation

The following instruction concerning the right of revocation addresses consumers as customers.

Right of revocation

You have the right to revoke this contract within 14 days without providing reasons.

The revocation period is 14 days from the day on which you or a third party other than the carrier acquired the material possession of the last goods ordered.

To exercise your right of revocation, you need to inform us (SensuSport GmbH, Haeberlstrasse 22, 80336 Munich, orders@sensuspsort.com, +49 89 54884 3913) by means of a clear statement (e.g. a letter, email) about your decision to revoke this contract. You can use the attached standard revocation form, however, this is not mandatory.

You can also complete and submit the standard revocation form or another clear statement electronically on our website www.sensusport.com. If you decide to make use of this option, we will send you a confirmation about the receipt of such revocation immediately (e.g. by email).

To maintain the revocation period, it shall be sufficient if you send the notice of revocation within this time period.

Revocation consequences

If you revoke this contract, we are obliged to refund any payments we received from you, including the shipping costs (except additional costs that arise from the fact that you selected a different shipping method that the low-priced standard delivery we offered) without delay, but at the latest within 14 days from the day we received the return. For this refund, we will use the same payment method you selected for the original transaction unless expressly agreed otherwise. In no event will you be charged a fee for this refund. We may refuse the refund until we received the goods back.

You have to return the products without delay or at the latest within 14 days from the day you informed us about the revocation of the contract to us or to the Ganzoo OHG, Prinzstrasse 13, 86153 Augsburg.

The customers bear the cost of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.

Standard revocation form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

–  SensuSport GmbH, Haeberlstrasse 22, 80336 Munich, orders@sensuspsort.com, +49 89 54884 3913)

– I/we (*) hereby request the withdrawal from the contract placed by myself/ourselves (*) for the purchase of the following goods (*) / the provision of the following service (*)

– Ordered on *(date) / received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Consumer’s signature (only when withdrawing on paper)

– Date

(*) Please delete as appropriate.

30-day return policy

(1) In addition to the above-mentioned legal right of revocation, we grant our customers a voluntary right of return within 30 days after receipt of the goods. This only applies to the initial purchase of a set of SensuGlasses.

(2) You can also withdraw from the contract after the expiry of the revocation period by returning the training device within 30 days from receiving it, provided that the product is complete, including original packing, and undamaged. A timely dispatch is sufficient for adhering to the deadline.

(3) Please return the goods to: Ganzoo Distributions OHG, Prinzstrasse 13, Augsburg. There it undergoes a quality inspection. The customer will be contacted in any case and informed about further proceedings.

(4) The contractual voluntary right of return does not affect your statutory rights and claims. Especially your legal right of revocation and warranty rights remain preserved without limitation.

www.verbraucher-schlichter.de.

Version: July 2019