Terms and conditions

Legal Notice

Sense Company Germany GmbH
Zwickauer Straße 145
09116 Chemnitz
Telephone: +49 176 82083601
Email: germany@sense-company.com
Managing Director: Hendrik R. Herrbach
Local Court of Chemnitz HRB 36055
Tax number: 215/118/07856
VAT ID No.: DE363453787

DATA PROTECTION OFFICER

Under the statutory provisions applicable to us, we are not required to
appoint a Data Protection Officer and have not appointed one.

ONLINE DISPUTE RESOLUTION

The European Commission has provided an online platform for online
dispute resolution. You can use this online platform to initiate an
out-of-court dispute resolution procedure. We are neither obliged nor
generally willing to participate in dispute resolution proceedings
before a consumer arbitration board.

Sense Company Germany GmbH is represented by its managing director
authorised to represent the company individually,

Hendrik R. Herrbach.

General Terms and Conditions Version 2.0 2023

Sense Company Germany GmbH
Zwickauer Straße 145
09116 Chemnitz
Local Court of Chemnitz HRB 36055
Tax number: 215/118/07856

ARTICLE 1: DEFINITIONS

These General Terms and Conditions apply to all offers and purchase,
sale, rental and usage agreements, as well as all agreements for the
performance of work and services by Sense Company Germany GmbH,
based in Chemnitz, hereinafter referred to as "Sense Company
Germany".
The buyer, tenant or client is hereinafter referred to as the "Other
Party". Where a provision below relates to a situation in which the
Other Party is a natural person who is not acting in the exercise of
a profession or business, he/she is referred to as the "Consumer".
Provisions that deviate from these General Terms and Conditions
shall only form part of the concluded agreement insofar as the
parties have expressly agreed to them in writing.
In these General Terms and Conditions, "in writing" also means by
email, fax or any other form of communication that can be regarded
as equivalent according to generally accepted standards.
In these General Terms and Conditions, the term "Goods" means all
scents, devices, lighting, sound and visual equipment, as well as
all related products and materials in the broadest sense, sold or
rented by Sense Company Germany.
The possible inapplicability of any provision or part of a provision
of these General Terms and Conditions shall not affect the
applicability of the remaining provisions.
If Sense Company Germany does not at any time require compliance
with agreements made between the parties, this shall not affect
Sense Company Germany's right to require compliance at a later date.
The Other Party may not claim that the General Terms and Conditions
were not provided if Sense Company Germany has previously supplied
the same General Terms and Conditions to the Other Party or referred
to them on a previous occasion.

ARTICLE 2: AGREEMENTS

Oral agreements shall only be binding on Sense Company once they
have been confirmed by Sense Company in writing or as soon as Sense
Company has commenced performance with the consent of the
contracting party.
Additions or amendments to the General Terms and Conditions or any
other amendments or additions to the agreement shall only become
binding upon written confirmation by Sense Company.

ARTICLE 3: OFFERS

All offers, quotations, price lists, etc. issued by Sense Company
Germany are valid for 30 days. If an offer contains a non-binding
offer and this offer is accepted by the Other Party, Sense Company
Germany has the right to revoke the offer within 2 working days
after receipt of the acceptance.
The prices and/or rates offered by Sense Company Germany, as well as
the prices and/or rates stated in offers, additional offers, price
lists and the like, are subject to typing and/or printing errors and
are exclusive of VAT and all other costs. These costs may include
transport costs, administration costs and costs of third parties
engaged. This applies unless expressly stated otherwise in writing.
A multi-part offer does not oblige Sense Company Germany to supply
part of the Goods included in the offer or to perform part of the
work included in the offer for a corresponding proportion of the
price.
Prices and/or rates in offers are based on information provided by
the Other Party upon request or order. If this information
subsequently changes, this may affect the prices and/or rates.
Offers, quotations and prices do not automatically apply to repeat
orders or new orders.
Samples, products and models provided, as well as information
regarding their dimensions, capacities and other descriptions in
brochures, promotional material and/or on the Sense Company Germany
website, are as accurate as possible but are approximate only. No
rights may be derived from them unless the parties have expressly
agreed otherwise in writing.
The samples and models referred to in the previous paragraph remain
the full property of Sense Company Germany and must be returned upon
first request by Sense Company Germany, unless the parties have
expressly agreed otherwise in writing.
Sense Company Germany has the right to charge the Other Party for
costs associated with an offer or quotation, provided that Sense
Company has informed the Other Party of these costs in writing in
advance.
A. If, between the date on which the agreement is concluded and the
performance of the agreement, changes are made by the government
and/or trade unions concerning wages, working conditions, social
insurance, etc., Sense Company Germany is entitled to pass the
resulting increases on to the Other Party.
B. For agreements concluded with the buyer, price increases may be
charged or passed on 3 months after conclusion of the agreement.
C. Sense Company Germany has the right to index prices annually in
accordance with the CPI 2015 = 100 price index.

ARTICLE 4: ENGAGEMENT OF THIRD PARTIES

If and insofar as proper performance of the agreement requires this,
Sense Company Germany has the right to engage third parties and to
provide them with certain necessary information. The use of third-party
suppliers is at the discretion of Sense Company Germany.

ARTICLE 5: OBLIGATIONS OF THE OTHER PARTY

The Other Party must ensure that:

A. all information required for performance of the agreement is provided
to Sense Company Germany in good time and in the manner and form
required/requested by Sense Company Germany;
B. the Goods on which work is to be carried out are made available to
Sense Company Germany;
C. Sense Company is given access to the location where the work is to be
carried out during the previously announced period. The location must
comply with statutory safety requirements and other government
regulations;
D. electronic files, software and the like provided to Sense Company
Germany by the Other Party are free from viruses and/or defects;
E. third parties engaged do not obstruct or delay the work of Sense
Company Germany;
F. Sense Company Germany is informed within a reasonable period, but at
least 48 hours before the relevant date. If this does not happen, Sense
Company Germany is entitled to charge the resulting costs;
G. Sense Company Germany is given sufficient time for the delivery,
storage and/or removal of materials and auxiliary equipment;
H. the location where the work is to be carried out is free from excess
materials and the like;
I. Sense Company Germany has access to connections for any required
source of energy, such as electricity, gas, water and the like, for
performance of the work. Energy costs are borne by the Other Party.
Downtime resulting from temporary or permanent failure of required
energy sources is borne by the Other Party;
J. the facilities required at the location where Sense Company Germany
and/or third parties engaged by Sense Company Germany carry out work are
available to them without cost;
K. third parties present at the place where the work is carried out,
whether or not for the purpose of carrying out work, do not damage the
Goods of Sense Company Germany;
L. adequate insurance is in place for risks that may arise from
performance of the agreement;
M. the location where equipment, materials and the like belonging to
Sense Company Germany must be stored is of such a quality that theft and
damage of any kind are excluded.

The Other Party shall ensure that the information to be provided is
correct and complete. The Other Party indemnifies Sense Company
Germany against the consequences arising from incorrect and/or
incomplete information.
Sense Company will treat information provided by the Other Party
confidentially and will not disclose it to third parties without the
Other Party's consent.
The Other Party is liable for loss of and/or damage to Goods,
materials, tools, machines and the like required by Sense Company
Germany at the Other Party's premises during performance of the
work.
The Other Party is obliged to insure Goods properly while Sense
Company Germany carries out maintenance work in their vicinity.
If the obligations referred to in this article are not fulfilled in
good time, Sense Company Germany is entitled to suspend and
interrupt performance until the Other Party has fulfilled those
obligations. Costs arising from the delay, additional work or any
other resulting consequences shall be borne by and at the risk of
the Other Party.

ARTICLE 6: DELIVERY AND DELIVERY TIMES

Stated periods within which Goods must be delivered or work
performed are expressly not strict deadlines unless the parties have
expressly agreed otherwise in writing.
In the event of partial delivery or partial performance, each part
shall be regarded as a separate delivery or performance and may be
invoiced separately by Sense Company Germany.
The risk relating to delivered Goods passes to the Other Party at
the time of delivery.
Delivery means the moment at which the Goods are actually made
available to the Consumer.
Shipment or transport of ordered Goods shall take place in a manner
to be determined by Sense Company Germany, but at the cost and risk
of the Other Party, unless the parties have expressly agreed
otherwise in writing.
If it appears impossible to perform the work or deliver the Goods to
the Other Party, Sense Company Germany reserves the right to store
materials purchased for performance of the agreement at the cost and
risk of the Other Party. Following storage, a period of 1 month
applies within which the Other Party must enable Sense Company
Germany to perform the work or deliver the Goods, or collect the
Goods by a specified date, unless Sense Company Germany has
expressly specified a different period in writing.
If the Other Party still fails to fulfil its obligations after
expiry of the period referred to in the preceding paragraph, the
Other Party shall be in default and Sense Company Germany has the
right to terminate the agreement wholly or partly in writing with
immediate effect, without prior or further notice of default,
without judicial intervention and without being obliged to pay
compensation, costs or interest. Sense Company Germany shall then be
entitled to sell the Goods to third parties.
The foregoing does not affect the Other Party's obligation to pay
the agreed or payable price, including all storage and/or other
costs due.
With regard to fulfilment of the Other Party's financial
obligations, Sense Company is entitled to require advance payment or
security from the Other Party before continuing delivery or
commencing work.

ARTICLE 7: COMPLIANCE AND PERFORMANCE OF THE AGREEMENT

Sense Company Germany cannot be required to commence work or
delivery of Goods until it has received all necessary information
and any agreed advance payment. In the event of delays caused by
this, the stated delivery/completion times shall be adjusted
proportionately.
If work or deliveries cannot be carried out for reasons beyond the
control of Sense Company Germany, Sense Company Germany is entitled
to charge the resulting costs to the Other Party.
If Sense Company Germany or third parties engaged by Sense Company
Germany cannot commence work/installation due to non-compliance by
the Other Party, Sense Company is entitled to charge the Other Party
for waiting time and/or resulting costs.
If, during performance of the agreement, it becomes apparent that
installations or agreed work cannot be carried out due to various
circumstances or force majeure, Sense Company Germany is entitled to
amend the agreement so that performance becomes possible. Sense
Company Germany shall inform the Other Party of any possible changes
to agreed prices and/or delivery times.
All costs incurred by Sense Company Germany as a result shall be
borne entirely by the Other Party, unless the parties have expressly
agreed otherwise in writing.

ARTICLE 8: PACKAGING

Packaging that is not intended for single use and in which the Goods
are delivered remains the property of Sense Company Germany and may
not be used by the Other Party for purposes other than those
intended.
Sense Company Germany is entitled to require a deposit from the
Other Party for such packaging. Sense Company Germany is obliged to
take the packaging back at the price charged to the Other Party,
provided that the packaging is returned carriage paid within a
period determined by Sense Company Germany.
If the packaging is damaged, incomplete or lost, the Other Party is
liable for this damage and its right to reimbursement of the deposit
shall lapse.
If the damage referred to in paragraph 3 of this article exceeds the
deposit charged, Sense Company Germany is entitled not to take the
packaging back. Sense Company Germany may then charge the
contracting party the cost price of the packaging, less the deposit
already paid.

ARTICLE 9: VARIATIONS IN CONTRACT WORK

Deviations from or changes to contracted work must be agreed orally
or in writing between Sense Company Germany and the Other Party and,
where applicable, confirmed in writing.
Adjustments for variations in labour shall be made:

A. in the event of changes compared with the original order;
B. in the event of unforeseeable increases or decreases in costs and
deviations from the deductible.

Variations in contract work shall be settled at the time of
invoicing, unless the parties have expressly agreed otherwise in
writing.

ARTICLE 10: DELIVERY, APPROVAL AND MAINTENANCE PERIOD

If the agreement also relates to the performance of work, Sense
Company Germany is obliged to inform the Other Party that the agreed
work has been completed and that the installed Goods are ready for
operation.
The work or order shall be deemed delivered in accordance with the
agreement when the Goods have been manufactured and made available
for use by the Other Party, the Other Party has inspected the work
or order and it has been signed for approval by the Other Party.
The work shall also be deemed delivered in accordance with the
agreement if the contracting party, where possible, has put the
Goods into use or has not submitted a complaint to Sense Company
Germany within a period of 2 weeks.
Work by third parties commissioned by the Other Party that has not
yet been carried out or completed and that affects the intended use
of the Goods shall not affect delivery of the services provided by
Sense Company Germany.
Minor defects that can easily be remedied within a maintenance
period agreed between the parties shall not result in rescission of
the purchase agreement. If no specific period has been agreed, a
period of 30 days after delivery shall apply.
If, after delivery as referred to in this article, the Other Party
still identifies defects, imperfections or the like, the provisions
of Article 11 of these General Terms and Conditions shall apply.

ARTICLE 11: CLAIMS AND COMPLAINTS

The Other Party is obliged to inspect the Goods immediately upon
receipt. All visible damage, errors, imperfections, defects and/or
discrepancies in quantity must be noted on the bill of lading or
accompanying document and reported to Sense Company Germany
immediately, but no later than 7 days after receipt of the Goods.
Other complaints, including complaints concerning services provided,
must be reported to Sense Company Germany immediately in writing.
All consequences of failure to report immediately shall be borne by
the Other Party. Complaints must in all cases be reported to Sense
Company Germany within 7 days after delivery.
If the aforementioned claims or complaints have not been
communicated to Sense Company Germany within the applicable periods,
the Goods shall be deemed to have been received in good condition or
the service shall be deemed to have been performed in accordance
with the agreement.
Complaints do not suspend the Other Party's payment obligation.
Sense Company Germany must be given the opportunity to investigate
the complaint or defects. If returning the Goods appears necessary
in order to investigate the complaint, Sense Company Germany shall
be given the opportunity to carry out that investigation.
In all cases, returns shall be made in a manner determined by Sense
Company Germany and in the original packaging.
If the Goods have been altered in nature and/or composition after
delivery, wholly or partly modified, processed or damaged, any right
to make a complaint shall lapse.
In the case of justified complaints, the damage shall be settled in
accordance with Article 12.

ARTICLE 12: LIABILITY AND WARRANTY

Sense Company Germany shall fulfil its obligations as may be
expected of a company operating in its sector, but accepts no
liability for damage, including death and personal injury,
consequential loss, business interruption loss, loss of profit
and/or loss resulting from stagnation, arising from acts or
omissions of Sense Company Germany, its employees or third parties
engaged by it.
The limitations of liability contained in this article shall not
apply if the damage is attributable to intent or recklessness on the
part of Sense Company Germany, its management and/or managerial
staff.
The liability of Sense Company Germany, on whatever grounds, is
limited to the invoice amount of the Goods delivered or the service
provided.
In the case of an agreement or engagement lasting more than 6
months, liability is limited to the amount of remuneration due for
the preceding 6 months.
Without prejudice to the provisions of the other paragraphs of this
article, liability is in all cases limited to the maximum amount
paid by Sense Company Germany's insurer, insofar as Sense Company
Germany is insured for the relevant liability.
In the event of visible errors, imperfections and/or defects in
materials used in carrying out the work or in delivered Goods that
must have existed at the time of delivery, Sense Company undertakes,
at its discretion, to repair or replace them free of charge.
Sense Company warrants the customary quality and reliability of the
delivered Goods; however, their actual service life can never be
guaranteed.
The warranty applies only to normal use, under normal circumstances
and only for the purpose for which the Goods are intended, unless
the parties have expressly agreed otherwise.
When using materials required for performance of the agreement,
Sense Company Germany relies on the characteristics and information
provided by the manufacturer of those materials. If materials or
Goods supplied by Sense Company Germany are covered by a
manufacturer's warranty, that warranty shall apply accordingly.
Sense Company Germany provides no warranty for materials, parts,
etc. prescribed by the Other Party and/or previously used
(second-hand) materials, parts, etc. used for repair or maintenance.
The Other Party loses its rights against Sense Company Germany, is
liable for all damage and indemnifies Sense Company Germany against
all third-party claims for damages if and insofar as:

A. the aforementioned damage was caused by improper use and/or
instructions, advice or directions for use and/or improper storage of
the delivered Goods by the Other Party;
B. the aforementioned damage was caused by errors, incompleteness or
inaccuracies in data, materials, data carriers and the like provided
and/or prescribed to Sense Company Germany by or on behalf of the Other
Party;
C. the aforementioned damage was caused by instructions given to Sense
Company Germany by or on behalf of the Other Party;
D. the aforementioned damage arose because the Other Party itself or a
third party carried out repairs or other work on the delivered Goods on
the instructions of the Other Party without the prior written
consent/permission of Sense Company Germany;
E. the aforementioned damage occurred after emergency repairs.

ARTICLE 13: PROVISIONS CONCERNING LEASING/RENTAL/PROVISION OF GOODS

This article applies to all rental agreements or agreements
containing a rental element concluded between Sense Company Germany
and the Other Party and relates to all Goods offered for lease by
Sense Company Germany.
The rental period, rental price, any alternative termination
arrangement and special agreements concerning the Goods to be leased
are set out in the lease agreement.
Sense Company Germany is entitled to require a deposit, which must
be paid by the Other Party before the rental period begins. Any
interest on the deposit will not be reimbursed.
The Other Party must inspect the rented item for defects upon
receipt. Any defects must be reported by the Other Party to Sense
Company Germany immediately, but no later than 24 hours after
receipt of the rented item. If no defects are reported, the Goods
shall be deemed to have been received in good condition.
Delays occurring during loading, unloading, transport and/or
assembly work that are not attributable to Sense Company Germany, as
well as repairs resulting from negligence on the part of the Other
Party, are also included in the rental period.
The Other Party is obliged to keep the rented item in good condition
during the rental period and is responsible for damage arising
during the rental period.
The Other Party is permitted to make changes to the rented items
only with the prior consent of Sense Company Germany.
Defects in the rented item, as well as damage, loss or theft, must
be reported to Sense Company Germany in writing and communicated
immediately, including all relevant details.
Repairs of damage or defects may only be carried out by Sense
Company Germany or with its express prior written approval.
Sense Company is entitled to inspect the condition and use of the
rented item during the rental period. The Other Party must ensure
that Sense Company Germany or its authorised representative is
granted access to the rented item.
At the end of the rental period, the Other Party is obliged to
return the rented item in the condition in which it was received,
subject to normal wear and tear resulting from normal use, etc. The
Goods must be returned/sent back in their original packaging.
If, for any reason, the Other Party is unable to return the rented
Goods to Sense Company Germany, it is obliged to pay Sense Company
Germany compensation equal to the replacement value of the leased
Goods.
In the event of late return of the Goods after expiry of the agreed
rental period, the Other Party owes a reasonable fee to be
determined by Sense Company Germany.
The Other Party has the right to be present during inspection of the
rented item after it has been returned. Costs for remedying defects,
except normal wear and tear resulting from normal use, etc., shall
be borne by the Other Party.
The Other Party must insure the rented item against customary risks
during the entire rental period, for example against damage, loss
and destruction. In the event of loss or irreparable damage to the
rented item, Sense Company Germany is entitled to compensation equal
to the replacement value of the leased items.
Sense Company Germany shall not be liable to the Other Party or
third parties for damage caused by use by the Other Party. This also
applies to its employees or third parties engaged by it, unless the
damage is attributable to intent or recklessness on the part of
Sense Company Germany, its management and/or executives.
The Other Party indemnifies Sense Company Germany against
third-party claims that may arise from use of the Goods made
available by Sense Company Germany.
The rented items remain the property of Sense Company Germany at all
times. The contracting party is not permitted to sublet them or to
make them available to third parties for payment or free of charge.
If the rented item is seized, including for tax-related reasons, or
if there are reasonable grounds to fear that this may occur, the
Other Party must inform Sense Company Germany immediately. In
addition, the Other Party must immediately inform the party carrying
out the seizure that the rented item is the property of Sense
Company Germany.
The Other Party is prohibited from disposing of the rented item.
The rental agreement shall be terminated with immediate effect,
without judicial intervention and without prior notice, if the Other
Party:
- becomes insolvent;
- is unable to pay its debts;
- becomes subject to an enforceable title;
- otherwise loses the power of disposition or legal capacity over its
  assets or parts thereof.

ARTICLE 14: PAYMENT

Payment must be made within 14 days of the invoice date, unless the
parties have expressly agreed otherwise. In the event of
non-payment, Sense Company Germany is entitled, without prior
notice, to block access to the scent portal after 30 days. After 35
days, it is entitled to switch off the scent devices and after 40
days to transfer the claim to a debt collection agency.
If an invoice has not been paid in full after expiry of the period
referred to in paragraph 1:

A. the Other Party will be charged customary market interest and a
reminder fee;
B. legal costs of at least EUR 80 will be charged;
C. Sense Company Germany is also entitled to charge fees for each
payment reminder, notice of default and the like sent to the Other
Party;
D. if the Other Party fails to satisfy the claim within the period set
despite a reminder from Sense Company Germany, the claim will be
transferred to a debt collection agency or bailiff. The costs shall be
borne entirely by the Other Party.

The agreement may, at the discretion of Sense Company Germany, be
terminated wholly or partly.
If the Other Party has not fulfilled its payment obligations in good
time, Sense Company Germany is entitled to suspend fulfilment of its
obligations towards the Other Party until payment has been made or
adequate security has been provided. The same applies before default
occurs if Sense Company Germany has reasonable grounds to suspect
that there are reasons to doubt the Other Party's creditworthiness.
Sense Company Germany is then entitled to require advance payment
from the customer.
Payments made by the contracting party shall always first be applied
to all interest and costs owed and thereafter to the oldest
outstanding invoices, unless the Other Party expressly states in
writing that the payment relates to a later invoice.

ARTICLE 15: INTELLECTUAL PROPERTY RIGHTS

Sense Company Germany retains in all cases all intellectual property
rights relating to the Goods and documents supplied by Sense Company
Germany.
Exercise of the rights referred to in the preceding paragraph of
this article is expressly and exclusively reserved to Sense Company
Germany, both during and after performance of the agreement.
By providing data to Sense Company Germany, the Other Party declares
that no copyright or other intellectual property rights of third
parties are infringed and indemnifies Sense Company, both in and out
of court, against all consequences, financial or otherwise, that
arise or may arise from such infringement.

ARTICLE 16: RETENTION OF TITLE

Sense Company retains title to the Goods delivered and to be
delivered until the Other Party has fulfilled all payment
obligations towards Sense Company Germany. Payment obligations
consist of payment of the purchase price, plus claims relating to
services provided in connection with that delivery, as well as
claims relating to possible compensation for failure by the Other
Party to fulfil its obligations. When the All Inclusive Flat Rate is
used, the scent equipment remains the property of Sense Company
Germany at all times, including after payment of the final
instalment. After termination of this agreement, Sense Company
Germany is entitled to retrieve the scent devices at any time.
Goods subject to retention of title may only be resold by the Other
Party in the ordinary course of business.
If Sense Company Germany invokes retention of title, the
corresponding arrangement shall be deemed agreed.
The Other Party is obliged to inform Sense Company immediately in
writing if third parties assert rights in respect of Goods that are
subject to retention of title under this article.
Until the date on which it has fulfilled all payment obligations
towards Sense Company Germany, the Other Party is obliged to keep
the Goods subject to retention of title carefully and clearly
identifiable as the property of Sense Company.
The Other Party must insure and keep insured the Goods delivered
subject to retention of title. The Other Party must provide the
insurance policy to Sense Company Germany upon request.

ARTICLE 17: OWNERSHIP

Until the Other Party has fully fulfilled its payment obligations
towards Sense Company Germany, the Other Party is not entitled to:

A. provide the Goods to third parties as security;
B. use them as a non-possessory pledge;
C. place the Goods in storage for one or more financiers.

If the Other Party acts contrary to the preceding paragraph, this
shall be regarded as an attributable failure. In such a case, Sense
Company Germany may, without being obliged to do so, suspend use and
obligations under the agreement or terminate the agreement, without
prejudice to Sense Company Germany's right to charge compensation,
loss of profit and interest.

ARTICLE 18: RIGHT OF RETENTION

Sense Company Germany is entitled to suspend delivery of ordered
and/or returned Goods and maintenance or repair work if and for as
long as:

A. the Other Party has not paid or has not fully paid the costs of work
carried out on the Goods;
B. the Other Party has not paid or has not fully paid the costs of
previous work carried out by Sense Company Germany;
C. the Other Party has not paid or has not fully paid other claims
arising from the contractual relationship with Sense Company Germany.

Sense Company shall never be liable for damage of any kind arising
from exercise of the right of retention.

ARTICLE 19: BANKRUPTCY, LACK OF AUTHORITY TO DISPOSE, ETC.

Without prejudice to the provisions of the other articles of these
General Terms and Conditions, the agreement concluded between the
Other Party and Sense Company Germany shall be deemed terminated
without prior notice if the Other Party:

A. is declared bankrupt;
B. is in default of payment;
C. is subject to enforceable seizure;
D. is placed under guardianship or administration;
E. otherwise loses the power of disposition or legal capacity over its
assets or parts thereof.

ARTICLE 20: FORCE MAJEURE

In the event of force majeure, Sense Company Germany is entitled to
terminate the agreement or suspend performance for a reasonable
period without being obliged to make any payment or compensation.
If a circumstance of force majeure exists at the time the agreement
is being performed, the Other Party is obliged to fulfil its
obligations towards Sense Company Germany up to that time.
Circumstances constituting force majeure include war, riots,
mobilisation of domestic and foreign civilians, civil unrest,
government measures, strikes and exclusion of employees or the
threat of such circumstances, currency disruptions after conclusion
of the agreement, disruption caused by fire, natural phenomena,
adverse weather conditions, roadblocks, etc. resulting in transport
and delivery difficulties, accidents or other incidents.

ARTICLE 21: RESCISSION, CANCELLATION, TERMINATION

A. The Other Party waives all rights to rescind the agreement unless
mandatory statutory provisions provide otherwise. This is without
prejudice to the right to terminate the agreement in accordance with
this article.
For the purposes of these General Terms and Conditions, cancellation
means termination of the agreement by either party before
performance of the agreement has commenced.
For the purposes of these General Terms and Conditions, termination
means termination of the agreement by either party after performance
of the agreement has commenced.
If the Other Party cancels or terminates the agreement, it owes
Sense Company Germany a fee to be determined by Sense Company
Germany. The Other Party is obliged to compensate Sense Company
Germany for all costs and losses, including loss of profit. Sense
Company Germany is entitled, at its discretion, to charge the Other
Party for costs, losses and loss of profit based on work, services
or deliveries already performed, amounting to at least 30% of the
agreed purchase or contract amount or at least 50% of the agreed
rental amount. The Other Party is obliged to purchase and pay for
Goods that have been specially manufactured.
The Other Party is liable towards third parties for the consequences
of cancellation or termination and indemnifies Sense Company Germany
in this respect.
Amounts already paid by the Other Party will not be refunded.
All agreements that are not terminated shall be tacitly renewed for
the same period.
A notice period of three full calendar months applies.

ARTICLE 22: APPLICABLE LAW / JURISDICTION

The agreement concluded between Sense Company Germany and the Other
Party is governed exclusively by German law. Disputes arising from
this agreement shall also be resolved under German law.
Notwithstanding paragraph 1 of this article, the proprietary
consequences of a retention of title for Goods intended for export
shall be governed by the law of the country of destination if the
legal system of the country or state of destination of the Goods is
more favourable to Sense Company Germany.
All disputes shall be decided by the competent Dutch court, whereby
Sense Company is nevertheless entitled to bring proceedings before
the competent court in the place where Sense Company has its
registered office, unless the local court has jurisdiction over the
matter.
With regard to disputes with the "Consumer", the Consumer may,
within one month after Sense Company has informed them that the
matter will be submitted to the court at the defendant's place of
residence, state that they choose to have the dispute decided by the
competent court.
With regard to disputes arising from an agreement concluded with an
Other Party established outside the Netherlands, Sense Company is
entitled to act in accordance with paragraph 3 of this article or,
at its discretion, to submit the disputes to the competent court of
the country in which the Other Party is established.