General Terms and Conditions (hereinafter referred to as “GTC”) of the company SENZOR, s.r.o., with its registered office at Magnezitárska 11, 040 13 Košice, Company ID: 31687482, registered in the Commercial Register of the District Court Košice I, Section Sro, File No. 4407/V (hereinafter referred to as “SENZOR”).
1. Introductory Provisions
1.1 These GTC regulate the legal relationships, rights, and obligations between SENZOR, s.r.o. (hereinafter referred to as the “Seller”) and its customers (hereinafter referred to as the “Buyer”), arising in connection with the sale of goods, provision of services, and the execution of related commercial transactions.
1.2 These GTC are an integral part of all contracts concluded between the Seller and the Buyer, unless the contracting parties explicitly agree otherwise in writing. The provisions of these GTC apply to all deliveries of goods, provision of services, and other performances carried out by the Seller within the scope of business relations.
2. Subject of the Contract
The subject of these terms is to ensure the sale and delivery of touchless faucet and flushing systems, spare parts, as well as the provision of related service and support services. All deliveries and services are carried out in accordance with applicable legal regulations and technical standards.
3. Orders and Conclusion of Contracts
3.1 Orders are concluded via email communication or a written contract. An order placed in this manner is considered an offer to conclude a purchase agreement, and upon its written confirmation by the Seller, a binding business relationship is established between the Seller and the Buyer.
3.2 For each order, the Buyer is obliged to provide their first name and surname, delivery and billing address, telephone number, email, and in the case of an entrepreneur, also their Company ID (IČO), Tax ID (DIČ), and VAT ID (IČ DPH).
3.3 The Buyer is also obliged to specify the ordered goods in a clear and understandable manner, including the exact product name, its description, and the Seller’s order number, to ensure there is no doubt as to which goods are the subject of the order.
3.4 These data will be processed in accordance with the personal data protection law and used exclusively within the business relationship between the Seller and the Buyer, with the exception of their provision to third parties ensuring the transport of goods.
3.5 After processing the order, the Seller will send the Buyer a written order processing confirmation, which will contain all essential details, including the precise specification of the goods, quantity, price, and estimated delivery date.
3.6 Immediately upon receipt of the order confirmation, the Buyer is obliged to check the correctness of all data stated in the order confirmation, especially the accuracy of the goods specification and the agreed terms.
3.7 The delivered goods will correspond to the data stated in the confirmed order. If the Buyer fails to fulfill their obligation to check the order confirmation and subsequently claims the delivered goods due to a discrepancy with their original request, which was correctly confirmed by the Seller, the Buyer is not entitled to a free claim or exchange of goods.
3.8 An order can only arise based on a written price offer issued by an authorized person representing the Seller. Verbal agreements, oral communications, or telephone conversations do not constitute a binding business agreement and are not legally binding.
3.9 Price offers issued by the Seller are intended exclusively for internal negotiations between the Seller and the Buyer. Price offers and their content constitute a trade secret within the meaning of Section 17 of Act No. 513/1991 Coll., the Commercial Code, as amended. Without the prior written consent of the Seller, their publication, disclosure, or other dissemination to third parties is prohibited.
3.10 The Seller reserves the right to refuse or modify an order in the event of an obvious error in pricing data, unavailability of ordered goods, or other objective reasons. In such a case, the Buyer will be informed without delay and offered an alternative option for fulfillment.
3.11 If the Buyer fails to pay the advance invoice by the due date, the Seller is entitled to unilaterally cancel the order without any further claim by the Buyer for performance or compensation for damages.
3.12 The Buyer undertakes to provide the Seller with all necessary cooperation for the proper fulfillment of the order, including timely confirmation of technical specifications, delivery location data, and other relevant information.
3.13 In case of a discrepancy between the provisions of these GTC and an individual written agreement concluded between the Seller and the Buyer, the provisions of the individual agreement shall prevail.
3.14 The Buyer has the right to cancel an order free of charge within 24 hours of its submission without stating a reason.
3.15 If the Seller is unable to deliver the ordered goods, they have the right to cancel the order. If the purchase price has already been paid, it will be fully refunded to the Buyer via bank transfer.
4. Delivery Terms
4.1 Delivery times may vary depending on the type of goods ordered.
4.2 The delivery date depends on the availability of the ordered item in stock. If the goods are in stock, they are dispatched without undue delay after fulfillment of payment conditions.
4.3 In exceptional cases, if the ordered goods are not in stock, the delivery period may be extended. In such a case, the Buyer will be informed of the extended delivery period in a timely manner.
4.4 The standard production time for out-of-stock products is 4 calendar weeks, with the period commencing from the date of written confirmation of order processing by the Seller. The actual delivery date may be affected by the Seller’s current production capacity utilization, of which the Buyer will be informed in a timely manner.
4.5 Standardized spare parts are kept in stock and are dispatched within 24 hours of payment receipt based on an advance invoice.
4.6 Delivery terms are governed by Incoterms 2020 rules. Unless otherwise agreed in writing between the parties, delivery of goods is subject to EX WORKS (EXW) from the Seller’s registered office.
4.7 The risk of damage to the goods passes to the Buyer at the moment the goods are handed over to the carrier entrusted with their transport, or at the moment the goods are ready for collection by the Buyer under EX WORKS terms, whichever occurs first.
4.8 The Seller reserves the right to make partial deliveries if it is expedient due to the nature of the order, the production process, or logistical circumstances. The Buyer is obliged to accept such partial fulfillment.
4.9 In the event of force majeure events affecting the production, storage, or delivery of goods, the Seller is entitled to reasonably extend the delivery period by the duration of these events and a reasonable time for the resumption of normal operations. In such a case, the Buyer is not entitled to withdraw from the contract or claim compensation for damages.
5. Payment Terms
5.1 The price of the goods is available upon request from the Seller and will always be confirmed to the Buyer upon order verification. Prices may be subject to change depending on changes in manufacturer or supplier prices.
5.2 Payment for goods is made based on an advance invoice issued by the Seller or an invoice issued after delivery of the goods, unless the parties explicitly agree otherwise.
5.3 The standard invoice due date is 14 calendar days from the date of its issuance, unless otherwise specified on the invoice or in an individual agreement.
5.4 The Buyer is obliged to pay the price of the goods, including shipping costs, unless otherwise agreed in writing.
5.5 The method of transport will be agreed upon in advance between the Seller and the Buyer.
5.6 The amount of shipping costs will be communicated to the Buyer upon order verification.
5.7 All payments must be made exclusively in Euro (EUR).
5.8 Payment of the purchase price is made exclusively to the business account of SENZOR, s.r.o., as stated on the respective invoice or advance payment document.
5.9 It is the sole responsibility of the Buyer to verify the correctness of bank details before making a payment. In the event of an error, incorrect payment, or transfer to the wrong account due to the Buyer’s mistake, the Seller bears no responsibility for any resulting damages or losses.
5.10 The Buyer is obliged to request and verify the Seller’s current and correct bank details before making each payment.
5.11 The purchased goods are intended exclusively for the Buyer’s own use. Without the prior written consent of the Seller, the Buyer is not authorized to resell, distribute, or otherwise market the goods.
5.12 The Buyer is obliged to maintain confidentiality regarding purchase prices and other terms of the business relationship. Dissemination of price information to third parties without the Seller’s written consent is prohibited.
5.13 The Buyer must not make any technical modifications, interventions, or changes to the delivered goods without the prior consent of the Seller.
6. Warranty and Claims
6.1 The Seller provides a warranty for the goods lasting 24 months from the date of delivery to the Buyer, unless a different warranty period is specified for individual goods.
6.2 The warranty covers material defects, manufacturing defects, or functional deficiencies arising from the usual and proper use of the goods in accordance with the Seller’s installation and operating instructions.
6.3 Claims are submitted via the claim form available on the Seller’s website. Upon its receipt, the Buyer will be contacted by an authorized employee of the Seller, who will perform a preliminary assessment of the claim.
6.4 If the claim is deemed legitimate, the Seller will arrange for a free replacement of the defective part or the entire product, or perform a free repair.
6.5 If necessary, the Seller will arrange for a service technician to be dispatched to the claim location within the territory of the Slovak Republic.
6.6 The warranty does not cover:
- defects arising from incorrect or unprofessional installation of the product, unless such installation was performed by a service technician authorized or approved by the Seller,
- mechanical damage to the goods incurred during unpacking, handling, or transport by the Buyer,
- damage caused by improper handling, incorrect use of the product, or failure to comply with the Seller’s installation, operating, and maintenance instructions,
- wear and tear of the product due to its normal use.
6.7 The Seller is not responsible for damages arising from incorrect installation, improper use of products, unprofessional handling, or modifications made by the Buyer or a third party without the Seller’s written consent.
6.8 The Buyer is obliged to allow the Seller or its representative to inspect the claimed goods and provide all necessary cooperation for assessing the legitimacy of the claim.
6.9 Claimed products must be delivered to the Seller in a reasonable condition allowing for their assessment. The Seller reserves the right to reject a claim if the Buyer fails to provide proper documentation or enable proof of the defect.
7. Withdrawal from the Contract
7.1 A Buyer who is a consumer within the meaning of applicable legal regulations is entitled to withdraw from the contract without stating a reason within 14 calendar days from the date of receipt of the goods, if the contract was concluded remotely or outside the Seller’s business premises.
7.2 The Buyer is obliged to notify their withdrawal from the contract in writing to the Seller’s registered office address or by email to the address provided by the Seller, clearly identifying the order to which the withdrawal pertains.
7.3 In case of withdrawal from the contract, the Buyer is obliged to return the goods to the Seller without undue delay, but no later than 14 days from the withdrawal from the contract. The costs of returning the goods shall be borne by the Buyer.
7.4 The goods must be returned complete, undamaged, in their original condition, and with complete documentation, if possible in their original packaging. The Buyer is responsible for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.
7.5 After receipt of the returned goods and their inspection, the purchase price will be refunded to the Buyer within 14 days via bank transfer to the account specified by the Buyer.
7.6 The Buyer does not have the right to withdraw from the contract in cases stipulated in Section 7, Paragraph 6 of Act No. 102/2014 Coll., especially for goods manufactured according to the Buyer’s specific requirements or goods that have been customized for them.
7.7 The right to withdraw from the contract under this section does not apply to Buyers acting within the scope of their business activities or other independent gainful activities (B2B relationships).
8. Protection of Intellectual Property and Technical Information
8.1 All technical drawings, designs, installation instructions, technological procedures, documentation, and any other technical or commercial information provided by the Seller to the Buyer in connection with the fulfillment of the contract remain the exclusive property of the Seller.
8.2 The provision of these materials to the Buyer does not transfer any intellectual property rights or grant a license for their use, unless otherwise agreed in writing.
8.3 The Buyer is obliged to maintain confidentiality regarding all technical, technological, and commercial information disclosed to them by the Seller and must not disclose it to third parties without the Seller’s prior written consent.
8.4 Technical information and documentation provided by the Seller are considered trade secrets within the meaning of Section 17 of Act No. 513/1991 Coll., the Commercial Code, and are protected against unauthorized disclosure or misuse.
8.5 The Buyer is not authorized to:
- reproduce, copy, modify, translate, publish, or in any way use the Seller’s technical documentation or know-how for their own purposes or for the purposes of third parties,
- develop or manufacture products based on the Seller’s technical solutions without their prior written consent.
8.6 The obligation to maintain confidentiality and protect intellectual property continues even after the termination of the business relationship between the Seller and the Buyer.
8.7 In the event of a breach of the obligations arising from this section, the Seller is entitled to claim compensation for all incurred damages, including lost profits, and to take all legal steps to protect their rights.
9. Personal Data Protection (GDPR)
9.1 The Seller processes the Buyer’s personal data in accordance with applicable personal data protection regulations, particularly Act No. 18/2018 Coll. on Personal Data Protection and Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
9.2 The purpose of personal data processing is the fulfillment of the Seller’s contractual obligations towards the Buyer, maintaining accounting records, recording contractual relationships, and exercising rights and fulfilling obligations arising from the contractual relationship.
9.3 Personal data processed by the Seller primarily includes: first name and surname, registered office or residence address, Company ID (IČO), Tax ID (DIČ), VAT ID (IČ DPH), telephone number, email address, and bank details of the Buyer.
9.4 Personal data will be disclosed only to authorized employees of the Seller or contractual partners of the Seller (e.g., carriers), and exclusively to the extent necessary to fulfill the purpose of processing.
9.5 The Seller does not publish or provide personal data to third parties without a legal basis or without the Buyer’s prior consent, except in cases mandated by law.
9.6 The Buyer has the right to:
- request access to their personal data,
- request their rectification or erasure,
- restrict their processing,
- object to their processing,
- lodge a complaint with a supervisory authority (the Office for Personal Data Protection of the Slovak Republic).
9.7 The Seller ensures appropriate technical and organizational measures to protect personal data against unauthorized access, loss, destruction, or damage.
9.8 Detailed information on personal data processing is available in a separate document “Personal Data Protection Principles” on the Seller’s website.
10. Force Majeure
10.1 The Seller shall not be liable for failure to perform its contractual obligations if such failure was caused by force majeure circumstances.
10.2 Force majeure circumstances include, but are not limited to: natural disasters, fires, floods, earthquakes, wars, terrorist attacks, civil unrest, embargoes, strikes, raw material or energy supply failures, epidemics, pandemics, decisions of state or public authorities, or other unforeseeable events beyond the reasonable control of the Seller.
10.3 In the event of force majeure, the Seller shall promptly inform the Buyer about the occurrence and estimated duration of such event.
10.4 During the duration of a force majeure event, the contracting parties shall be exempt from performing their obligations to the extent and for the period during which performance is not possible due to force majeure.
10.5 If force majeure events last longer than 90 calendar days, each of the contracting parties is entitled to withdraw from the contract without incurring any claim for damages or lost profits.
11. Limitation of Liability
11.1 The Seller is not liable for damages arising from improper use, unprofessional installation, incorrect handling, or failure to comply with assembly, operating, and maintenance instructions by the Buyer or third parties.
11.2 The Seller is not liable for damages caused by external events, force majeure, or other unforeseeable circumstances which it could neither influence nor prevent.
11.3 The Seller is not liable for any indirect, consequential, or special damages, including lost profits, business interruption, data loss, or other tangible or intangible losses of the Buyer.
11.4 The Seller’s liability for damages caused by a defect in the goods or non-performance of contractual obligations is in all cases limited to the maximum amount of the purchase price paid for the goods in question.
11.5 The Buyer acknowledges that the Seller’s products must be used exclusively in accordance with their intended purpose and in compliance with the Seller’s technical documentation. Any other use of the products is at the Buyer’s own risk.
11.6 This limitation of liability does not affect the Seller’s obligations which cannot be excluded or limited under applicable legal regulations.
12. Final Provisions
12.1 These GTC are governed by the legal system of the Slovak Republic, in particular by the provisions of the Commercial Code No. 513/1991 Coll., as amended.
12.2 Any disputes arising from the contractual relationship between the Seller and the Buyer shall be resolved primarily by agreement. If the contracting parties do not reach an agreement, the competent court for resolving disputes shall be the general court of the Seller in the Slovak Republic.
12.3 If any provision of these GTC becomes invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The parties undertake to replace such a provision with a new, legally permissible provision that most closely approximates the original economic purpose.
12.4 The Seller reserves the right to unilaterally amend or supplement these GTC. Amendments to the GTC become effective on the date of their publication on the Seller’s website, unless expressly stated otherwise.
12.5 By submitting an order or signing a contract, the Buyer confirms that they have familiarized themselves with these GTC and fully agree with them.
13. Effectiveness
13.1 These General Terms and Conditions become effective on May 1, 2025.
13.2 These GTC fully supersede all previous general terms and conditions issued by SENZOR, s.r.o.
13.3 These GTC are valid and binding until they are replaced or revoked by new general terms and conditions issued by the Seller.
13.4 The GTC are binding for all business cases that arise after their entry into force.
In Košice, May 1, 2025
SENZOR, s.r.o.
