Dermacol, a.s. | GENERAL TERMS AND CONDITIONS OF THE FRAGRINI PLATFORM

 

issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended, Act No. 634/1992 Coll., on Consumer Protection, as amended, Act No. 480/2004 Coll., on Certain Information Society Services, as amended, Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), Act No. 110/2019 Coll., on the Processing of Personal Data, as amended, and other related legal regulations of the Czech Republic and the European Union.

These general terms and conditions (the “Terms and Conditions”) govern the mutual rights and obligations between Dermacol, a.s., Company ID No.: 247 66 298, with its registered office at Praha 6, Výtvarná 1023/4, Postcode 161 00, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. B 16659, as the provider and operator of the Fragrini online platform (the “Provider”), and customers purchasing goods and using services through the platform operated at the website fragrini.com (the “Platform”) or at the Provider's brick-and-mortar store (the “Store”), in particular under the Fragrini brand.

These Terms and Conditions form an integral part of every Contract concluded between the Customer and the Provider.

Local differences and specifics of the individual jurisdictions in which the Platform is available may be reflected in local terms issued by the Provider for the relevant country (the “Local Terms”). The provisions of the Local Terms shall prevail over the provisions contained in these Terms and Conditions, and to the extent their scope overlaps, shall replace them. Relationships not governed by the Local Terms shall be governed by these Terms and Conditions and the relevant generally binding legal regulations. Where the Customer has the status of a Consumer under the generally binding legal regulations applicable at the place of the Customer's habitual residence, nothing in these Terms and Conditions or the Local Terms shall limit or exclude any rights to which the Customer is entitled as a Consumer under the relevant legal regulations.

1.IDENTIFICATION AND CONTACT DETAILS

1.1.Provider

The Provider and operator of the Platform under these Terms and Conditions is Dermacol, a.s., Company ID No.: 247 66 298, with its registered office at Praha 6, Výtvarná 1023/4, Postcode 161 00, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. B 16659.

1.2.Contact details

The Platform's website is available at fragrini.com. The Provider's contact e-mail is info.fragrini@gmail.com, telephone number +420 724 501 952, and the contact address for delivery is Dermacol, a.s., Plzeňská 233/8, 150 00 Praha 5 - Smíchov. Store address: Plzeňská 233/8, 150 00 Praha 5 - Smíchov.

2.DEFINITIONS

2.1.Definitions of basic terms

For the purposes of these Terms and Conditions, the terms below shall have the following meanings:

“Provider” means the company identified in Article 1 of these Terms and Conditions, selling Goods and providing related services through the Platform and the Store.

“E-shop“ means the part of the Platform used for selling Goods to Customers, operated by the Provider at the domain fragrini.com, including the order form and related functionalities necessary for concluding the Contract and delivering the Goods.

“Website” means the internet pages operated by the Provider, in particular at the domain fragrini.com, including all subpages, member sections, forms, applications, social media, and other online interfaces used by the Provider.

“Fragrini Platform” (also the “Platform”) means the collective designation for the online platform operated by the Provider at the domain fragrini.com, comprising the E-shop, User Account, Membership Programme, Loyalty Programme, Subscription, and any other online functionalities and services operated by the Provider under the Fragrini brand.

“Customer” means any natural person who concludes a Contract with the Provider or uses the Provider's services through the Platform. The Platform is intended primarily for consumers (B2C). If a Customer purchases within the scope of its business activity, it is entitled to provide its business identification number (IČO) in the Order for invoicing purposes; in such case, the provisions of these Terms and Conditions intended exclusively for Consumers shall not apply to the Customer.

“Consumer” means a natural person who concludes a contract with the Provider outside the scope of its business activity or outside the scope of the independent exercise of its profession.

“Goods” means all products offered by the Provider through the E-shop or at the Store, in particular jewellery, perfume cartridges, cosmetic products, gift sets, and other assortment of the Fragrini and Dermacol brands.

“Services” means all activities and performance provided by the Provider within the Platform beyond the sale of Goods, in particular the operation and administration of the User Account, Subscription, Loyalty Programme and Membership Programme, customer support, arrangement of transport of Goods, payment processing, and other related activities and functionalities of the Platform.

“Perfume Cartridge” means a perfume product in a sealed PP plastic casing with a crystal ball and perfume inside, supplied in hygienically sealed packaging. One Perfume Cartridge contains perfume for approximately 28 applications. The minimum shelf life of a Perfume Cartridge is 6 months from the filling date indicated on the packaging.

“Jewellery” means jewellery offered under the Fragrini brand, including silver jewellery and gold jewellery made to order. Gold jewellery made to order constitutes Goods customised at the Customer's request within the meaning of Section 1837(d) of the Civil Code. Gold and silver jewellery is marked with a hallmark in accordance with Act No. 539/1992 Coll. on Hallmarking and Assaying of Precious Metals (the Hallmarking Act).

“Store” means the Provider's brick-and-mortar establishment, in particular the pop-up boutique at OC Smíchov, Prague, in which products of the Fragrini and Dermacol brands are offered.

“Subscription” means a recurring performance under which the Customer regularly receives a set of Perfume Cartridges (6 pcs or 12 pcs), subject to the conditions set out in these Terms and Conditions and in the offer of the specific type of Subscription, Loyalty Programme, or Membership Programme.

“Loyalty Programme” means a programme operated by the Provider within the Platform, which may in particular include a points system, discounts, priority access to new products, and other benefits determined by the Provider.

“Membership Programme” means a programme operated by the Provider within the Platform, which may include paid or unpaid membership with access to exclusive offers, content, events, and other benefits determined by the Provider. The terms of the individual types of membership, in particular the designation of the membership type, price, duration, conditions for registration, renewal and termination of membership, shall be set out on the Platform or in separate Membership Programme terms.

“User Account” means the Customer's secured account established within the Platform, through which the Customer manages its orders, personal data, Subscription, participation in the Loyalty Programme, Membership Programme, and other functionalities of the Platform.

“Comgate Payment Gateway” means an external payment service used by the Provider for processing online payments, payment card payments, and bank transfers.

“Carrier” means a third party arranging the transport of Goods to the Customer, in particular Zásilkovna and PPL.

“Waiting List” means the list of prospective users who registered with their e-mail on the preliminary version of the Fragrini platform before the Launch Date of the E-shop. Persons registered on the Waiting List are automatically included in the database of interested parties to whom information about new products will be sent.

“Order” means a proposal to conclude a Contract made by the Customer through the E-shop, e-mail, or other means of communication enabled by the Provider.

“Contract” means a purchase contract concluded between the Provider and the Customer under these Terms and Conditions, the subject matter of which is the purchase of Goods, or, as the case may be, the provision of a Subscription or other performance.

“Complaint” means the exercise of the Customer's right arising from defective performance in accordance with these Terms and Conditions and the relevant legal regulations.

“Billing Period” means the period for which the Customer pays the price of the Subscription, generally one (1) month, unless otherwise stated in the offer of the specific type of Subscription.

“Launch Date” means the day of launch of the full version of the Fragrini E-shop, i.e. 25 July 2026.

“Commercial Communication” means any form of marketing or advertising communication sent by the Provider in accordance with legal regulations, in particular by e-mail, SMS, the WhatsApp application, or push notifications.

“Local Terms” means terms issued by the Provider for a specific country in which the Platform is available, which reflect local differences and specifics of the relevant jurisdiction and which supplement or replace the relevant provisions of these Terms and Conditions. Local Terms are published on the Platform.

3.SCOPE OF SALES AND PLATFORM SERVICES

3.1.Offered Goods

Through the Platform and the Store, the Provider offers in particular Jewellery, Perfume Cartridges, Dermacol-brand cosmetic products, gift sets, and other Goods. The Provider may also operate a Subscription, Loyalty Programme, and Membership Programme, or other Services related to the operation of the Platform, within the Platform. The offer of Goods or Services, their availability, prices, and terms of sale may change; the current offer is always set out on the Platform. The Provider reserves the right to modify the assortment of the Platform and the Store at any time.

3.2.Territorial availability of the Platform

The Platform is available to Customers from the Czech Republic, the Slovak Republic, the Italian Republic, and the French Republic. The Platform is operated in Czech and English language versions. The Provider reserves the right to expand or restrict the territorial availability of the Platform. Specific terms for Customers from individual countries may be set out in the relevant Local Terms.

4.USER ACCOUNT

4.1.Registration and management of the User Account

For the purpose of purchasing Goods, managing Orders, using the Subscription, and participating in the Loyalty Programme and Membership Programme, the Customer shall establish a User Account within the Platform. Registration of a User Account is free of charge. A User Account may be registered by a natural person who has reached at least fifteen (15) years of age and who has also reached the age at which, under the law of their country, they may consent to these Terms and Conditions and to the processing of their personal data; the consent of a legal representative may be required for minors. To participate in the Membership Programme, in particular in any form of paid membership, the Customer must be at least eighteen (18) years of age or must have the consent of a legal representative.

When registering and using the User Account, the Customer is obliged to provide true, complete, and up-to-date information. The Customer is responsible for the accuracy of the information provided upon registration and for its ongoing updating.

Access to the User Account is secured by access credentials, in particular an e-mail address and password. The Customer is obliged to maintain the confidentiality of the access credentials and to take reasonable measures to prevent their misuse. The Provider shall not be liable for harm arising from the Customer's breach of this obligation.

The Customer is not entitled to allow third parties to use the User Account or to share the access credentials with other persons. The User Account is intended exclusively for the Customer's personal use.

The Provider is entitled to unilaterally block or cancel the User Account, in particular if the Customer breaches these Terms and Conditions, legal regulations, good morals, the rights of third parties, or if there is reasonable suspicion of unauthorised use of the account or misuse of the Subscription, Loyalty Programme, or Membership Programme.

Customers who were registered on the Waiting List before the Launch Date will, upon establishing a User Account, be automatically included in the database of interested parties to whom information about new products will be sent. Registration on the Waiting List does not give rise to an entitlement to automatic inclusion in the Loyalty Programme or Membership Programme; separate registration through the User Account is required to participate in the Loyalty Programme or Membership Programme, unless the Provider determines otherwise.

4.2.Technical requirements

The Provider uses third-party services for the operation of the Platform, payment processing, and transport of Goods, in particular the Comgate Payment Gateway and the Carrier. The Customer acknowledges that the use of these services may be subject to the separate terms and conditions of their operators. The Provider shall not be liable for the functioning of third-party infrastructure, its technical outages, or limitations in availability, provided that such circumstances are beyond the Provider's reasonable control. This does not affect the Customer's rights arising from defective performance.

4.3.Technical requirements on the Customer's part

The Customer acknowledges that the proper use of the Platform requires a functional device enabling internet access, a commonly supported and updated internet browser, and an active e-mail account.

The Provider shall not be liable for the inability to use the Platform to the extent caused by the Customer's inadequate technical equipment, limitations of internet connectivity, or other circumstances on the Customer's part. This does not affect the Customer's rights arising from the relevant legal regulations.

5.ORDER AND CONCLUSION OF THE CONTRACT

5.1.Order

The Customer orders Goods through the order form on the Platform. The Customer selects the desired Goods, chooses the method of transport and payment, and submits the Order. Immediately before submitting the Order, the Provider shall, in a clear and prominent manner, draw the Customer's attention to the main characteristics of the Goods, the total price including taxes and fees, the duration of the Contract and the conditions for its termination, the minimum duration of the Customer's obligations under the Contract, and, where relevant, information on the durability guarantee for the Goods under the harmonised label. An Order may also be placed at the Store or by another means enabled by the Provider.

The Order must contain the information necessary for the conclusion of the Contract and the delivery of the Goods, in particular the Customer's identification and contact details, the specification of the Goods ordered, the chosen method of transport and payment, the delivery address, and, where applicable, further information required by the Provider.

By submitting the Order, the Customer confirms that it has read these Terms and Conditions, agrees to their wording, and acknowledges the terms for the sale of Goods and the provision of related services. The Order is made by means of a button, the labelling of which unambiguously indicates that the Order obliges the Customer to pay.

The Order constitutes a proposal by the Customer to conclude the Contract.

5.2.Conclusion of the Contract

The Contract between the Provider and the Customer is concluded at the moment the Provider confirms the Order, generally by means of an automatic confirmation e-mail sent to the Customer's e-mail address stated in the Order. The Order confirmation shall contain a summary of the Goods ordered, the total price including transport, the chosen method of payment and transport, and the estimated delivery date.

The Provider reserves the right not to accept or to refuse an Order, in particular if:

1. there has been an apparent error in the price or description of the Goods;
2. the ordered Goods are unavailable or have been sold out;
3. the Customer has materially breached its contractual obligations towards the Provider in the past;
4. there is reasonable suspicion of misuse of the Platform, Subscription, Loyalty Programme, Membership Programme, or of unlawful conduct.

If the Provider accepts only part of the Order, the Contract arises only to the extent of the confirmed performance. The Customer shall be informed of the partial acceptance of the Order. If the Customer has already paid the price for Goods representing the part of the Order refused by the Provider, such funds shall be refunded to the Customer without undue delay.

The Provider shall, without undue delay after the conclusion of the Contract, provide the Customer with confirmation of the concluded Contract on a durable medium, containing all information referred to in Section 1820 of the Civil Code, including the information communicated to the Customer prior to the conclusion of the Contract, unless the Provider has already provided such information on a durable medium.

5.3.Language and archiving of the Contract

Contracts are generally concluded by means of distance communication without the simultaneous physical presence of the parties. Costs incurred by the Customer in using means of distance communication, in particular internet connection costs, shall be borne by the Customer. Contracts are concluded in the Czech or English language, depending on the language version of the E-shop through which the Order was placed. The Provider archives contractual documentation in electronic form for the period required by legal regulations.

6.PRICE AND PAYMENT TERMS

6.1.Price of the Goods

The prices of the Goods are stated on the Platform for individual products. Prices are stated in Czech crowns, or in euros for Customers from the Slovak Republic, the Italian Republic, and the French Republic, inclusive of value added tax and all related fees, unless expressly stated otherwise. The price stated on the Platform at the time the Order is submitted is binding on both parties. The Provider is entitled to unilaterally change prices; this does not affect the rights and obligations under Contracts already concluded. The total price of the Order includes the price of the Goods and the transport costs, which are communicated to the Customer before the Order is submitted. In the event of a price change for a Subscription, the Provider shall notify the Customer of the price change with reasonable advance notice before the start of the Billing Period in which the new price is to apply. If the Customer does not agree with the price change, it is entitled to terminate the Subscription at the end of the current Billing Period.

6.2.Payment methods

Payment may be made in particular through the Comgate Payment Gateway (payment by payment card, bank transfer, Apple Pay, Google Pay) or by another electronic means of payment supported by the Provider.

6.3.Due date

The price is due in the manner and within the period stated in the Order or in the Provider's payment instructions. The Customer's obligation to pay the price is fulfilled at the moment the relevant amount is credited to the Provider's account or the payment is confirmed by the Comgate Payment Gateway. The Provider is entitled to require payment of the entire price before dispatching the Goods. In the event of the Customer's delay in paying the price, the Provider is entitled to suspend dispatch of the Goods until the outstanding amount has been paid in full.

6.4.Recurring payments and subscription

Where Goods are provided in the form of a Subscription, the Customer shall pay the price at the frequency stated in the offer of the specific type of Subscription. Detailed terms of the Subscription, in particular the variants, prices, method of delivery, renewal, and termination of the Subscription, are set out in Article 8 of these Terms and Conditions. In the event of a price change for a Subscription, the Provider shall notify the Customer of the price change with reasonable advance notice before the start of the Billing Period in which the new price is to apply. If the Customer does not agree with the price change, it is entitled to terminate the Subscription at the end of the current Billing Period.

7.DELIVERY OF GOODS AND TRANSPORT

7.1.Method of delivery

The Goods are delivered to the Customer through the Carrier to the delivery address stated in the Order or to a collection point chosen by the Customer. Transport of the Goods is arranged by Zásilkovna s.r.o. and PPL CZ s.r.o., or another Carrier for the relevant jurisdiction stated in the Local Terms. Personal collection of Goods at the Store is not offered, unless otherwise stated by the Provider. Where the Provider offers environmentally friendly delivery options, such options are set out on the Platform as part of the selection of the transport method. The Customer is obliged to inspect the Goods upon receipt and to notify the Carrier and the Provider of any damage to the shipment without undue delay. The return of Goods in the event of withdrawal from the Contract or a Complaint is possible by sending the Goods to the Provider's address, through collection points, or in person at the Store.

The costs of transporting the Goods are set out on the Platform and communicated to the Customer before the Order is submitted. Transport costs may vary depending on the chosen method of transport and the country of delivery.

7.2.Delivery periods

The estimated delivery period for delivery of Goods within the Czech Republic is 2 to 5 business days from the day the Goods are dispatched by the Provider. Delivery periods to the Slovak Republic are [TO BE COMPLETED] business days, to the Italian Republic [TO BE COMPLETED] business days, and to the French Republic [TO BE COMPLETED] business days. For gold Jewellery made to order, the delivery period is 5 to 6 weeks from the date the Order is confirmed. The Customer acknowledges that the stated delivery periods are indicative and may vary depending on the availability of the Goods and the Carrier's capacity.

7.3.Passing of risk of damage to the Goods

The risk of damage to the Goods passes to the Customer upon taking delivery of the Goods. Where the Goods are delivered through the Carrier, the risk of damage passes to the Customer at the moment the Goods are handed over to the Customer by the Carrier. If the Customer refuses to take delivery of the Goods, the risk of damage passes to the Customer at the moment the Carrier enabled the Customer to deal with the Goods. The Provider is liable for defects in the Goods that the Goods have at the time the risk of damage passes to the Customer, even if the defect becomes apparent only later.

7.4.Packaging of the Goods

Perfume Cartridges are supplied in sealed hygienic packaging. Jewellery is supplied in a sealed box. The Customer acknowledges that breaking the sealed hygienic packaging of a Perfume Cartridge may affect the possibility of withdrawing from the Contract in accordance with Article 11 of these Terms and Conditions.

7.5.Retention of title

The Customer acquires title to the Goods upon payment in full of the purchase price. Until the purchase price has been paid in full, the Goods remain the property of the Provider.

8.SUBSCRIPTION, LOYALTY PROGRAMME AND MEMBERSHIP PROGRAMME

8.1.Subscription

The Provider offers Subscriptions in variants of 6 pcs and 12 pcs of Perfume Cartridges. The Subscription is available only to registered Customers with a User Account. The specific terms of the individual Subscription variants, in particular the price, duration, composition of the delivery, and any further benefits, are set out on the Platform in the offer of the relevant type of Subscription or in the Terms of the Membership Programme, Loyalty Programme and Subscription of the Fragrini platform available here [INSERT LINK].

Under the Subscription, the entire set of Perfume Cartridges (6 pcs or 12 pcs) is delivered to the Customer at once, once a month, through the Carrier to the address stated in the Customer's User Account. The Customer is obliged to ensure the delivery address remains up to date.

The Customer may terminate the Subscription always with effect from the date corresponding to the date of activation of the Subscription in the relevant month. The Subscription does not renew automatically; active renewal by the Customer is required to continue receiving deliveries in the following period. Termination of the Subscription does not affect deliveries already paid for and dispatched.

8.2.Loyalty Programme

The Provider may operate a Loyalty Programme within the Platform. The Loyalty Programme may include in particular a points system, discounts on Goods, priority access to new products, and other benefits determined by the Provider. The terms of the Loyalty Programme, in particular the manner of earning and redeeming points, the validity of points, the rules for applying discounts, and further details, shall be set out on the Platform or in separate Loyalty Programme terms and the Terms of the Membership Programme, Loyalty Programme and Subscription of the Fragrini platform available here [INSERT LINK].

The Provider is entitled to determine and change the rules of the Loyalty Programme, in particular the scope of benefits, conditions for participation, the manner of earning and redeeming points, and the validity period of points. The Provider shall inform Customers of any material changes to the Loyalty Programme through the Platform or by e-mail with reasonable advance notice.

Benefits arising from the Loyalty Programme are non-transferable, tied to the Customer's specific User Account, and may not be paid out in cash or otherwise compensated, unless expressly stated otherwise by the Provider. Participation in the Loyalty Programme does not give rise to a legal entitlement to any specific benefit, unless the terms of the Loyalty Programme provide otherwise.

8.3.Membership Programme

The Provider may operate a Membership Programme within the Platform. The Membership Programme may include both paid and unpaid forms of membership with access to exclusive offers, content, events, and other benefits determined by the Provider. Registration through the User Account is required to participate in the Membership Programme. To participate in any form of paid membership, the Customer must be at least eighteen (18) years of age or must have the consent of a legal representative. The terms of the Membership Programme, in particular the designation of the membership type, the price of paid membership, the duration of membership, the conditions for renewal and termination of membership, the benefits of the individual membership types, the conditions for switching between membership types, and other matters, shall be set out on the Platform or in the Terms of the Membership Programme, Loyalty Programme and Subscription of the Fragrini platform available here [INSERT LINK]. The Provider is entitled to determine and change the rules of the Membership Programme, in particular the scope of benefits, conditions for participation, and conditions for termination of membership. The Provider shall inform Customers of any material changes to the Membership Programme through the Platform or by e-mail with reasonable advance notice. Benefits arising from the Membership Programme are non-transferable, tied to the Customer's specific User Account, and may not be paid out in cash or otherwise compensated, unless expressly stated otherwise by the Provider. The Provider is entitled to suspend or terminate the Customer's membership in the Membership Programme in the event of a breach of these Terms and Conditions, the terms of the Membership Programme, or in the event of reasonable suspicion of misuse of the membership, without entitlement to any financial or other compensation, except where legal regulations provide otherwise.

8.4.Gift vouchers and discount codes

The Provider may offer gift vouchers and discount codes within the Platform. The terms of their use, in particular their value, validity, restrictions on use, conditions of redemption, transferability, non-refundability, and combinability with other discounts, shall be set out on the Platform or in the terms of the specific gift voucher or discount code. Neither a gift voucher nor a discount code may be exchanged for cash or otherwise compensated in money, unless expressly stated otherwise by the Provider.

8.5.Sale at the Store

These Terms and Conditions apply mutatis mutandis to the sale of Goods at the Store. A Customer purchasing Goods at the Store concludes the Contract by taking delivery of the Goods and paying the purchase price. Goods purchased at the Store are subject to the provisions of these Terms and Conditions on rights arising from defective performance and Complaints.

9.RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND COMPLAINTS

9.1.Liability for defects

The Provider is liable to the Customer for the Goods being free from defects upon receipt, in particular that the Goods correspond to the agreed description, type, and quantity, as well as quality, functionality, and other agreed characteristics, are fit for the purpose for which the Customer requires them and to which the Provider has agreed, and are supplied with the agreed accessories and instructions for use, including maintenance instructions. In addition to the agreed characteristics, the Provider is also liable for the Goods being fit for the purpose for which goods of this kind are usually used, and for the Goods, in terms of quantity, quality, and other characteristics, including durability, reparability, functionality, compatibility, and safety, corresponding to the usual characteristics of goods of the same kind that the Customer may reasonably expect, including in view of public statements made by the Provider or another person in the same contractual chain, in particular by advertising or labelling. In accordance with the relevant legal regulations, the Customer is provided with information on its rights arising from defective performance by means of a harmonised notice, the form and particulars of which are laid down by Commission Implementing Regulation (EU) 2025/1960. Where the manufacturer, importer, or a person representing itself as the manufacturer provides a durability guarantee free of charge for all of the Goods for a period longer than two years, and makes such information available to the Provider, the Provider shall communicate this information to the Customer by means of a harmonised label pursuant to Commission Implementing Regulation (EU) 2025/1960.

9.2.Period for exercising rights arising from defective performance

The Customer is entitled to exercise a right arising from a defect that appears in the Goods within twenty-four (24) months of taking delivery of the Goods. If the defect in the Goods has been remedied by repair, and where the applicable law grants the consumer this right, this period shall be three (3) years from taking delivery of the Goods; such extension of the period occurs only once. The Customer is advised to notify the defect as soon as possible after discovering it, so that its cause and extent can be properly assessed; however, a later notification of the defect does not in itself cause the Consumer's rights to lapse. If a defect appears within one (1) year of taking delivery, it is presumed that the Goods were already defective upon receipt, unless this is precluded by the nature of the Goods or of the defect. For Goods sold at a lower price due to a defect, the right arising from defective performance does not apply to the defect for which the lower price was agreed.

If the manufacturer, importer, or a person representing itself as the manufacturer guarantees that the Goods will retain their functions and performance for a certain period under normal use (durability guarantee), the Customer has, at a minimum, the right under the guarantee to the delivery of new Goods free of defects or to the repair of the Goods. The terms of the durability guarantee are set out in the warranty certificate or in the documentation accompanying the Goods. Where the Provider or the manufacturer of the Goods provides a quality guarantee, the Provider is obliged to issue the Customer with a warranty certificate containing the particulars laid down by the relevant legal regulations, no later than upon handover of the Goods.

9.3.Making a Complaint

The Customer shall make a Complaint to the Provider after discovering a defect in the Goods. A Complaint regarding Goods purchased through the Platform may be made through the online complaint form available on the Platform, by e-mail to the Provider's contact e-mail address, or in person at any of the Provider's establishments where accepting complaints is possible, having regard to the assortment sold there. A Complaint regarding Goods purchased at the Store may be made in person at the Store or by e-mail to the Provider's contact e-mail address. The Complaint must contain the identification of the Customer, identification of the Goods complained of, a description of the defect, the moment or period when the defect appeared, and the requested method of resolving the Complaint. The Customer is obliged to attach proof of purchase of the Goods to the Complaint, or to prove the purchase of the Goods by another means.

9.4.Handling of Complaints

The Provider is obliged to issue the Customer with written confirmation of when the Customer made the Complaint, what it contains, and what method of resolving the Complaint the Customer requests. If the Complaint is to be resolved by repair of the Goods, the Provider shall, upon accepting the Complaint, notify the Customer that in such case the period during which the Customer may notify a defect in the Goods is three (3) years from taking delivery of the Goods, with such extension of the period occurring only once. The Complaint, including the remedy of the defect, must be resolved without undue delay, no later than within thirty (30) days from the date the Complaint was made, unless the Provider and the Customer agree on a longer period. The fruitless expiry of this period shall be considered a material breach of the Contract, and the Customer may withdraw from the Contract or request a reasonable discount on the purchase price. The Provider is obliged to issue the Customer with confirmation of the date and method of resolving the Complaint, including confirmation that a repair was carried out and its duration, or, as the case may be, written justification for rejecting the Complaint.

10.CUSTOMER'S CLAIMS ARISING FROM DEFECTIVE PERFORMANCE

10.1.Claims in the event of defective Goods

If the Goods are defective, the Customer may request the remedy of the defect. At its choice, the Customer may request the delivery of new Goods without defect or the repair of the Goods, unless the chosen method of remedying the defect is impossible or, compared to the other method, disproportionately costly; this shall be assessed in particular having regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant difficulty for the Customer. If the Customer expressly requests it, the Provider may deliver, instead of new Goods, other Goods without defect that are refurbished; this option depends on the availability of refurbished Goods, and the Provider is not obliged to provide it. The Provider may refuse to remedy the defect if this is impossible or disproportionately costly, in particular having regard to the significance of the defect and the value the Goods would have without the defect.

The Customer may request a reasonable discount on the purchase price or withdraw from the Contract if the Provider has refused to remedy the defect or has not remedied it within a reasonable period, the defect appears repeatedly, the defect constitutes a material breach of the Contract, or it is apparent from the Provider's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulty for the Customer. A reasonable discount shall be determined based on the ratio of the value of the defective Goods to the value the Goods would have without the defect. The Customer may not withdraw from the Contract if the defect in the Goods is insignificant.

10.2.Costs associated with a Complaint

The Customer has the right to reimbursement of reasonably incurred costs associated with making a valid Complaint. The Provider shall remedy the defect within a reasonable period after it has been notified, in such a way as not to cause the Customer significant difficulty, having regard to the nature of the Goods and the purpose for which the Customer purchased the Goods. To remedy the defect, the Provider shall collect the Goods at its own expense.

10.3.Specifics of complaints regarding individual products

The Customer acknowledges that Perfume Cartridges contain fragrance ingredients that may cause an allergic reaction in sensitive individuals. An allergic reaction to ingredients listed on the product packaging does not constitute a defect in the Goods. Jewellery may contain materials to which some Customers may be allergic (in particular silver); an allergic reaction to a material stated in the description of the Goods does not constitute a defect in the Goods. Normal wear and tear of Jewellery consistent with its usual use likewise does not constitute a defect in the Goods.

10.4.Exclusion of liability for defects

The Provider is not liable for defects in the Goods arising as a result of normal wear and tear, mechanical damage, incorrect use, failure to follow maintenance and care instructions for the Goods, interference by a third party, or force majeure. For Jewellery, the Provider is not liable for defects arising as a result of failure to follow care recommendations for Jewellery, in particular storing it in an unsuitable environment, contact with chemical substances, or excessive humidity.

If the Customer is not satisfied with the manner in which a Complaint has been resolved, or believes that the Provider has infringed its rights, it may contact the Provider with a request for redress. If the Provider responds negatively to the request or fails to respond within thirty (30) days, the Customer, if it is a Consumer, may file a proposal for out-of-court dispute resolution in accordance with Article 20 of these Terms and Conditions.

11.WITHDRAWAL FROM THE CONTRACT

11.1.Consumer's right of withdrawal

If the Customer is a Consumer and the Contract is concluded by a distance means (through the Platform), the Customer has the right to withdraw from the Contract without giving a reason within a period of fourteen (14) days. This period runs from the day the Goods are taken into possession. If the subject matter of the Contract is several kinds of Goods or the delivery of several parts, this period runs from the day the last delivery of Goods is taken into possession. If the subject matter of the Contract is a regular recurring delivery of Goods (Subscription), this period runs from the day the first delivery of Goods is taken into possession.

11.2.Exceptions to the right of withdrawal

The Customer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw, in particular, from a Contract for the supply of Goods that have, after delivery, been inseparably mixed with other goods, from a Contract for the supply of Goods in sealed packaging which the Customer has removed from the packaging and which cannot, for hygiene reasons, be returned (in particular Perfume Cartridges whose sealed hygienic packaging has been broken), and from a Contract for the supply of Goods that have been customised according to the Customer's wishes or for the Customer's person (in particular precious metal Jewellery made to order).

11.3.Method of withdrawal

Withdrawal from the Contract must be made by an unambiguous statement by the Customer to the Provider. The Customer may use the model withdrawal form, which forms an appendix to these Terms and Conditions, the online form available in the User Account on the Platform, or the withdrawal button in the Platform's online interface pursuant to Article 11.6 of these Terms and Conditions. Withdrawal may also be made by e-mail sent to the Provider's contact e-mail address or in writing to the Provider's address. To meet the withdrawal deadline, it is sufficient to send the withdrawal notice before the relevant period expires. The Provider shall, without undue delay, confirm to the Customer in textual form that the withdrawal has been received.

11.4.Return of Goods

In the event of withdrawal from the Contract, the Customer is obliged to send the Goods back to the Provider without undue delay, no later than within fourteen (14) days from the date of withdrawal, to the Provider's address, hand them over at a collection point designated by the Provider, or return them in person at the Store. The period is deemed to have been met if the Customer sends the Goods before it expires. The costs associated with returning the Goods shall be borne by the Customer. The Goods must be returned undamaged, unworn, and, if possible, in their original packaging. The Customer is liable to the Provider for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary to become acquainted with the nature, characteristics, and functionality of the Goods.

11.5.Refund of payments

In the event of a valid withdrawal from the Contract, the Provider shall, without undue delay, no later than within fourteen (14) days from the day on which the Customer handed over the Goods or proved that it had sent the Goods to the Provider, refund to the Customer all funds received from the Customer under the Contract, including the costs of delivery of the Goods. The Provider shall refund the funds using the same method by which they were received, unless the Customer expressly agrees to another method and provided that this does not incur additional costs for the Customer. If the Customer has chosen a method of delivery of the Goods other than the cheapest method offered by the Provider, the Provider shall refund to the Customer the delivery costs corresponding to the cheapest method of delivery offered.

11.6.Withdrawal button in the online interface of the Platform

If the Contract is concluded by a distance means through the online interface of the Platform, and the Customer has a statutory right to withdraw from the Contract, the Provider shall enable the Customer to withdraw from the Contract also by a statement made in the online interface of the Platform using a button or similar control for withdrawal from the Contract. The button or similar control for withdrawal from the Contract must be placed in the online interface of the Platform in a visible manner, easily accessible, available continuously throughout the withdrawal period, and must be labelled with the easily legible wording “Withdraw from the Contract” or another corresponding unambiguous wording.

After using the withdrawal button, the Customer will be prompted to complete or confirm the details in the withdrawal statement, in particular details of its identity, details of the Contract from which it intends to withdraw, and details of the electronic means for sending confirmation of receipt of the withdrawal. If the Customer is logged into the User Account, these details may be pre-filled. The Customer sends the withdrawal statement by using a button or similar control labelled with the easily legible wording “Confirm Withdrawal from the Contract” or another corresponding unambiguous wording.

Without undue delay after the Customer sends the withdrawal statement using the button, the Provider shall confirm to the Customer, in textual form through the electronic means indicated by the Customer, receipt of the withdrawal statement, including its content and the date and time it was sent by the Customer. Making the withdrawal button available for a period longer than the statutory withdrawal period does not constitute an extension of that period. The existence of the withdrawal button does not affect the Customer's ability to withdraw from the Contract by any other means permitted by legal regulations and these Terms and Conditions.

12.PROTECTION OF INTELLECTUAL PROPERTY

All content of the Platform, in particular texts, photographs, graphic elements, logos, trademarks, product design, trade names, and other materials, is protected by legal regulations governing the protection of intellectual property. All rights to the content of the Platform belong to the Provider or the relevant authorised persons. The Customer is not entitled, without the prior written consent of the Provider, to further distribute, reproduce, modify, make available to third parties, or commercially exploit the content of the Platform.

13.LIABILITY AND LIMITATION OF LIABILITY

13.1.General liability of the Provider

The Provider is liable to the Customer for the Goods conforming to the Contract, the description stated on the Platform, and the requirements arising from the relevant legal regulations. The Provider's liability for defects in the Goods is governed by the provisions of Articles 9 and 10 of these Terms and Conditions and the relevant legal regulations.

The Provider is not liable for harm arising as a result of incorrect use of the Goods, failure to follow maintenance and care instructions, an allergic reaction to ingredients stated on the product packaging or materials stated in the description of the Goods, nor for harm arising as a result of circumstances on the part of the Customer or third parties that the Provider could not reasonably influence.

13.2.Liability for damage during transport

The Provider is liable for damage to the Goods occurring during transport where the Goods are sent to the Customer through the Carrier. The Customer is obliged to inspect the condition of the shipment upon receipt of the Goods and to notify the Carrier and the Provider of any visible damage without undue delay. By signing the delivery note or accepting the shipment without reservation, the Customer confirms that the shipment was delivered undamaged, unless the Customer proves otherwise. Acceptance of the shipment without reservation does not affect the Customer's rights arising from defective performance, nor its right to report damage that could not have been discovered upon receipt.

13.3.Force majeure

The Provider is not liable for the impossibility of or delay in delivering the Goods, nor for any other impossibility of performance caused by circumstances beyond its reasonable control, in particular natural disasters, supply chain disruptions, actions of public authorities, changes in legal regulations, epidemics, armed conflicts, strikes, energy outages, cyberattacks, or other cases of force majeure. If circumstances of force majeure persist for longer than sixty (60) days, the Provider is entitled to withdraw from the Contract. In such case, the Customer shall not be entitled to compensation for harm.

14.PROTECTION OF PERSONAL DATA

14.1.Basic information on processing

The Provider processes Customers' personal data in accordance with the relevant legal regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), Act No. 110/2019 Coll., on the Processing of Personal Data, as amended, and other related legal regulations. The controller of personal data is Dermacol, a.s., Company ID No.: 247 66 298.

14.2.Scope of data processed

Personal data may be processed in particular to the extent necessary for the conclusion and performance of the Contract, delivery of the Goods, administration of User Accounts, management of the Subscription, Loyalty Programme, and Membership Programme, communication with Customers, and compliance with statutory obligations. The data processed may include, in particular, first and last name, e-mail address, telephone number, delivery and billing address, date of birth, payment details, order details, perfume and jewellery preferences, and other data provided by the Customer.

14.3.Purposes of processing

Personal data is processed in particular for the purpose of concluding and performing the Contract, delivering the Goods, handling Complaints, administering User Accounts, managing the Subscription, Loyalty Programme, and Membership Programme, communicating with Customers, complying with statutory obligations (in particular tax and accounting obligations), protecting the Provider's legitimate interests, personalising offers, remarketing and profiling, and for marketing purposes where an appropriate legal basis exists. Within the Platform, automated decision-making, including profiling within the meaning of Article 22 GDPR, may take place, in particular for the purpose of personalising offers and recommending Goods based on the Customer's purchase history and preferences. More detailed information on automated decision-making and profiling is set out in the Provider's separate document governing the protection of personal data.

14.4.Recipients of personal data

Customers' personal data may be transferred to third parties involved in the performance of the Contract, payment processing, delivery of the Goods, or the provision of services related to the operation of the Platform, in particular Zásilkovna s.r.o., PPL CZ s.r.o., the operator of the Comgate Payment Gateway, Emorfiq s.r.o., and other processors listed in the separate document governing the protection of personal data. Customers' personal data may be transferred to e-mail marketing providers (Targito, or Ecomail), the provider of the Helios Nephrite ERP system, the analytics tools Google Analytics and Power BI, and to Meta Platforms, Inc. (or Meta Platforms Ireland Limited) as the provider of the WhatsApp Business service and marketing and remarketing tools (Facebook Pixel, Conversions API, Instagram).

14.5.Transfer of personal data to third countries

In connection with the operation of the Platform, personal data may be transferred to third countries outside the EU/EEA, in particular in connection with the use of third-party analytics and marketing tools – e.g. Google Analytics, Meta Platforms (Facebook, Instagram), or Power BI. In such case, the Provider shall ensure that the transfer takes place in accordance with the GDPR and on the basis of appropriate safeguards, in particular standard contractual clauses or a European Commission adequacy decision.

14.6.Separate privacy policy

More detailed information on the scope, purposes, legal bases, retention periods, recipients of personal data, the rights of data subjects, and the manner of exercising them, is set out in the Provider's separate document governing the protection of personal data, available at [INSERT LINK]. The Customer has the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Praha 7, website: www.uoou.cz, or, where applicable, the supervisory authority in your own country of habitual residence, place of work, or the place of the alleged infringement. A list of the supervisory authorities of the EU/EEA member states, with links to their websites, is available at the website of the European Data Protection Board (edpb.europa.eu).

15.COOKIES AND THE PLATFORM'S ONLINE TECHNOLOGIES

15.1.Use of cookies

The Provider's Platform may use cookies and similar online technologies to ensure the functionality of the Platform, personalise content, analyse traffic, evaluate the performance of marketing campaigns, and improve the user experience. Some cookies are necessary for the technical functioning of the Platform, while others serve analytical, statistical, or marketing purposes. The Platform may also use analytics tools, marketing technologies, and other third-party services – in particular Targito, Ecomail, Helios Nephrite, Google Analytics, Power BI, and Meta Platforms tools (Facebook Pixel, Conversions API, Instagram).

 

15.2.Management of cookie consents

The use of optional cookies and similar technologies is based on the user's consent, unless legal regulations provide otherwise. The user may adjust their cookie preferences through their internet browser settings or through the cookie management tool available on the Platform – Cookie Script. More detailed information is set out in the separate document governing the use of cookies, available at [INSERT LINK].

15.3.Commercial communications and marketing

The Provider is entitled to send Customers Commercial Communications relating to Goods, new products, promotions, the Subscription, the Loyalty Programme, the Membership Programme, and other business activities, only in accordance with the relevant legal regulations and on the basis of an appropriate legal ground. Commercial Communications may be sent by e-mail (through Targito or Ecomail), SMS, the WhatsApp application, or push notifications. Where consent is required under legal regulations, the Customer may withdraw it at any time. Every Commercial Communication will include an option for easy unsubscription.

16.RULES FOR USING THE PLATFORM

16.1.Prohibited conduct

The Customer is obliged to use the Platform in accordance with these Terms and Conditions, legal regulations, and good morals. In particular, the Customer must not misuse the User Account, Subscription, Loyalty Programme, or Membership Programme, share access credentials with third parties, place orders with the intent to harm the Provider, interfere with the technical solution of the Platform, or act in a manner that could disrupt the operation of the Platform or harm the rights of the Provider or third parties.

16.2.Consequences of breach

In the event of a breach of these Terms and Conditions, the Provider is entitled to block or cancel the Customer's User Account, terminate the Subscription, exclude the Customer from the Loyalty Programme or Membership Programme, or refuse to accept further Orders. In the event of a serious breach, the Provider is entitled to terminate the contractual relationship with immediate effect. This does not affect the Provider's right to compensation for harm or any other claims under legal regulations.

The Provider is not liable for indirect or consequential damages, loss of profit, loss of data, or damages arising as a result of the inability to use the Platform, unless such liability cannot be excluded under mandatory provisions of legal regulations protecting Consumers.

17.SPECIAL PROVISIONS

17.1.Nature of the contractual relationship

Registration of the Customer, including registration on the Waiting List, participation in the Loyalty Programme, Membership Programme, or Subscription, does not constitute gambling and is not subject to Act No. 186/2016 Coll., on Gambling, as amended. The provision of benefits under the Loyalty Programme or Membership Programme does not constitute a public promise within the meaning of Section 2884 of Act No. 89/2012 Coll., the Civil Code, as amended, and is based on the contractual relationship between the Provider and the Customer.

17.2.Liability for technical problems

The Provider shall not be liable for any damages, losses, or harm arising in connection with the use of the Platform, including, but not limited to, loss of data due to technical problems, errors in the internet network, computer systems, servers or connectivity providers, computer equipment, software, or network traffic overload, provided that such circumstances are beyond the Provider's reasonable control. This does not affect the Customer's rights arising from the relevant legal regulations.

17.3.Conditions for access to the preliminary version of the platform

The rights and obligations of persons registered on the Waiting List are governed by the terms of access to the preliminary version of the Fragrini platform published by the Provider. Registration on the Waiting List does not give rise to a legal entitlement to obtain any benefit, unless otherwise stated within a specific offer of the Provider. The Provider reserves the right to grant persons registered on the Waiting List benefits at its discretion, in accordance with the terms of access to the preliminary version of the Fragrini platform. Benefits granted under the terms of access to the preliminary version of the platform do not extend to any future new functionalities of the Platform, which will be subject to special rules or fees, unless the Provider determines otherwise.

17.4.Product labelling

The Provider shall ensure that all Goods, in particular Perfume Cartridges, are labelled in accordance with the relevant legal regulations, in particular Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products. The packaging of each product states information on the composition, filling date, and other mandatory particulars.

17.5.Reviews and ratings

Where reviews or ratings by Customers are published on the Platform, the Provider shall state whether and how it verifies that they originate from persons who actually purchased the Goods. Unless expressly stated otherwise for a specific review, it should not automatically be assumed that every published review is a verified review within the meaning of the relevant legal regulations.

17.6.Expansion of Platform functionalities

The Provider reserves the right to expand, modify, or restrict the functionalities of the Platform at any time at its discretion. New functionalities of the Platform may be subject to special terms, which will be published on the Platform or communicated to Customers by another appropriate means. The introduction of new functionalities does not give rise to an automatic entitlement to use them free of charge, unless expressly stated otherwise by the Provider.

18.PRE-CONTRACTUAL INFORMATION OBLIGATIONS

18.1.Information provided prior to the conclusion of the Contract

Prior to the conclusion of the Contract, the Provider shall communicate to the Customer who is a Consumer all information required under Sections 1811 and 1820 of the Civil Code, in particular information on the main characteristics of the Goods, the identity of the Provider, the total price of the Goods including taxes and fees, the costs of delivery, the method of payment and delivery, the right to withdraw from the Contract, including information on the possibility of withdrawing from the Contract by means of a button or similar control for withdrawal from the Contract in the online interface of the Platform and its location (the withdrawal function is generally available in the footer of the Platform under the link ‘Withdraw from the Contract’, at the relevant Order in the User Account, and through an individual link provided in the Order confirmation), the fact that the Customer bears the costs of returning the Goods in the event of withdrawal from the Contract, rights arising from defective performance, including the harmonised notice under Commission Implementing Regulation (EU) 2025/1960, the functionality and compatibility of the Goods with digital elements, where relevant given the nature of the Goods, and the possibility of out-of-court resolution of consumer disputes. Where the Goods are an item with digital elements, the Provider shall inform the Customer of the period during which free software updates will be provided to maintain the conformity of the Goods with the Contract, if the manufacturer or other update provider has made this information available to the Provider. Where directly applicable European Union legislation for the relevant category of Goods imposes an obligation to state a reparability rating, the Provider shall communicate this rating to the Customer; where directly applicable European Union legislation does not lay down a reparability rating and the manufacturer has made the relevant information available to the Provider, the Provider shall inform the Customer of the availability of spare parts, their estimated price, and the procedure for obtaining them, of the availability of instructions for the maintenance and repair of the Goods, and of any restrictions on the repair of the Goods. Where the Provider offers environmentally friendly delivery options, it shall inform the Customer of them as part of the pre-contractual information. This information is provided to the Customer through the Platform as part of the ordering process and in these Terms and Conditions.

19.DELIVERY OF COMMUNICATIONS

19.1.Delivery of documents

All notices, communications, and documents may be delivered between the Provider and the Customer by electronic mail to the e-mail addresses stated in the Customer's User Account, or to the Provider's contact e-mail address, as applicable. A document shall be deemed delivered at the moment it is sent to the relevant e-mail address, unless the sending party receives a notice of non-delivery.

20.OUT-OF-COURT DISPUTE RESOLUTION

20.1.Out-of-court resolution of consumer disputes

If the Customer is a Consumer, it has the right to out-of-court resolution of a consumer dispute arising from the Contract concluded with the Provider. For Customers with habitual residence in the Czech Republic, the entity competent for the out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Praha 1, website: www.coi.cz. For Customers with habitual residence in another state, the competent entity for out-of-court resolution of consumer disputes shall be determined in accordance with the relevant Local Terms and the legal regulations of the state of the Customer's habitual residence.

20.2.Initiating out-of-court dispute resolution

Out-of-court resolution of a consumer dispute is initiated at the Consumer's request, generally where the dispute could not be resolved directly with the Provider. A request to initiate out-of-court dispute resolution may be filed with the competent entity referred to in Article 20.1 of these Terms and Conditions, or, as applicable, with the entity designated by the relevant Local Terms. A list of entities for the out-of-court resolution of consumer disputes within the European Union approved by the relevant national authorities under Directive 2013/11/EU is available on the European Commission's website (https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en). More detailed information on out-of-court dispute resolution in individual jurisdictions is set out in the relevant Local Terms.

21.FINAL PROVISIONS

21.1.Amendments to the Terms and Conditions

The Provider is entitled to unilaterally amend or supplement these Terms and Conditions to a reasonable extent, in particular in the event of changes in legal regulations, changes to the assortment, technological changes, or changes in operational needs. The Provider shall inform Customers who have an active User Account, an active Subscription, or who are participants in the Loyalty Programme or Membership Programme of any material amendment to the Terms and Conditions in advance, by e-mail sent to the e-mail address stated in the Customer's User Account or by way of a notice on the Platform. The updated wording of the Terms and Conditions will be published on the Platform indicating the effective date. If the Customer does not agree with the new wording of the Terms and Conditions, it has the right to terminate the contractual relationship with the Provider by cancelling the User Account, terminating the Subscription, or withdrawing from the Loyalty Programme or Membership Programme. Continued use of the Platform or use of the Services after the effective date of the amended Terms and Conditions shall be deemed acceptance of the new wording. In relation to Contracts concluded before the effective date of the new wording of the Terms and Conditions, the wording in effect on the date the Contract was concluded shall apply, unless legal regulations or an express agreement of the parties require a different procedure.

21.2.Severability

If any provision of these Terms and Conditions is or becomes invalid, ineffective, or unenforceable, the validity and effectiveness of the remaining provisions shall not be affected. The parties undertake to replace such a provision with a new provision that corresponds as closely as possible, in its meaning and purpose, to the original provision.

21.3.Governing law, dispute resolution, entire agreement

The legal relationships between the Provider and the Customer are governed by the laws of the Czech Republic, unless the relevant Local Terms provide otherwise. Where the Customer is a Consumer resident in another EU Member State, this shall not affect the protection afforded to it by the mandatory provisions of the legal regulations of the state of its habitual residence, from which no contractual derogation is permitted. These Terms and Conditions are drawn up in the Czech and English languages; in the event of any discrepancy, the Czech version shall prevail.

The courts of the Czech Republic have jurisdiction to resolve all disputes arising from these Terms and Conditions or in connection with the use of the Platform, unless the relevant Local Terms provide otherwise. The locally competent court shall be the court having jurisdiction over the Provider's registered office, unless legal regulations establish exclusive jurisdiction of another court for the specific dispute. This does not affect the right of a Customer who is a Consumer to initiate proceedings before the court having jurisdiction over its place of residence, in accordance with the relevant legal regulations.

The Provider is entitled to transfer or assign the rights and obligations arising from these Terms and Conditions and the related contractual relationship to a third party, in particular in the event of the sale of its business, a transformation, or other reorganisation of the Provider. The Provider shall notify the Customer of any such assignment through the Platform or by e-mail. If the Customer does not agree with the assignment, it has the right to terminate the contractual relationship by cancelling its User Account. The Customer is not entitled, without the Provider's prior written consent, to transfer or assign its rights or obligations under these Terms and Conditions to a third party.

These Terms and Conditions, including the Local Terms, the separate document governing the protection of personal data, the document governing the use of cookies, and any other terms referred to in these Terms and Conditions, constitute the entire agreement between the Provider and the Customer regarding the use of the Platform and supersede any prior arrangements or representations concerning the same subject matter. The headings of the individual articles and sections in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

Where an individual Contract, Order, or special terms are agreed between the Provider and the Customer, such individual arrangements shall prevail over these Terms and Conditions to the extent they deviate from them.

21.4.Effectiveness of the Terms and Conditions

These Terms and Conditions become valid and effective on 25 July 2026.