GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Aroma Global s.r.o. | Sale of fragrances, fragrance oils and related products

1. GENERAL PROVISIONS AND DEFINITIONS

1.1

These General Terms and Conditions (hereinafter referred to as the "GTC") govern the relationships between the buyer and the seller concerning the sale of goods between Aroma Global s.r.o., Company ID No.: 21349584, with its registered office at Lohniského 845/23, Hlubočepy, 152 00 Prague 5, registered under file No. C 400506 maintained by the Municipal Court in Prague (hereinafter referred to as the "Seller"), and its business partners (hereinafter referred to as the "Buyer"). These GTC apply, as appropriate, both to purchases made through the Seller's online store at https://www.aromaglobal.cz and to direct purchases of goods at the Seller's business premises located at Lisabonská 2394/4, Prague 9, 190 00 (hereinafter referred to as the "Premises").

1.2

By placing an order, the Buyer confirms that they have read and agree to these GTC, of which the Complaints Procedure forms an integral part. The Buyer is sufficiently informed of these GTC before placing an order and has the opportunity to review them (the GTC are available at the Seller's Premises and on the Seller's website). Upon conclusion of a contract between the Seller and the Buyer, these GTC become an integral part of the purchase contract in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

1.3

The Seller is engaged in the sale of fragrances, fragrance oils and fixatives for perfumery, cosmetics, candles, soaps, diffusers, laundry, cleaning and disinfecting products and other applications, including hypoallergenic, economical and odour-masking variants. The goods offered are OEM products, and any visual similarity to original or branded products is purely coincidental. The Seller's contact information is provided in the "Contact" section available at: https://www.aromaglobal.cz/kontakt-velkoobchod-vuni-a-vonnych-oleju/

1.4

The Buyer is either a consumer or an entrepreneur.

1.5 Consumer

A consumer is a natural person who, when concluding and performing a purchase contract with the Seller, does not act within the scope of their trade or other business activities or the independent exercise of their profession. When establishing a business relationship, the consumer provides the Seller only with contact details necessary for the proper processing of the order or information they wish to have included on purchase documents. Legal relationships between the Seller and the consumer not expressly governed by these GTC are subject to the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, and related regulations.

1.6 Entrepreneur

An entrepreneur means:

• a person registered in the Commercial Register (primarily commercial companies),
• a person conducting business under a trade licence (a sole trader registered in the Trade Register),
• a person conducting business under an authorisation other than a trade licence pursuant to special regulations (including, for example, independent professions such as legal practice), and
• a person engaged in agricultural production and registered in accordance with special legislation.

Legal relationships between the Seller and a Buyer who is an entrepreneur, which are not expressly governed by these GTC or by a contract between the Seller and the Buyer, are subject to the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and related regulations. Any individual agreement between the Seller and the Buyer takes precedence over these GTC.

1.7

The Buyer declares that, before placing an order, they have duly familiarised themselves with all product characteristics, particularly the product description and manual. If the Buyer has failed to do so, they are not entitled to dispute the characteristics of the goods in a complaints procedure, and any resulting damage (to the Buyer or third parties) shall be borne by the Buyer. The Buyer further acknowledges that purchasing products offered by the Seller does not grant any rights to use registered trademarks, trade names, company logos or patents belonging to the Seller or other companies, unless otherwise agreed in a separate contract.

1.8 Purchase Contract

• If the Buyer is a consumer, the display of goods offered by the Seller on the website constitutes a proposal to conclude a purchase contract. The purchase contract is formed when the consumer submits an order and the Seller accepts it. The Seller shall promptly confirm this acceptance by an informational email sent to the email address provided; however, this confirmation does not affect the formation of the contract. The concluded contract, including the agreed price, may be amended or cancelled only by agreement between the parties or on statutory grounds.
• If the Buyer is an entrepreneur, the order submitted by the entrepreneur constitutes a proposal to conclude a purchase contract, and the purchase contract is concluded upon delivery of the order confirmation.
• An exception to the above provisions concerning the conclusion of a purchase contract applies pursuant to Clause 3.3 of these GTC.

1.9

Relationships and any disputes arising from the contract shall be governed exclusively by the applicable laws of the Czech Republic and resolved by the courts of the Czech Republic. The contract is concluded in the Czech language. If a translation of the contract is prepared for the Buyer's purposes, the Czech-language interpretation shall prevail in the event of any dispute concerning the interpretation of terms. The concluded contract is archived by the Seller for the purpose of its proper performance and is not accessible to unrelated third parties. Information about the individual technical steps leading to the conclusion of the contract is set out in these GTC, where the process is clearly described. Before submitting an order, the Buyer has the opportunity to review and, if necessary, correct it.

1.10

The costs of using means of distance communication to place an order are charged at standard rates depending on the telecommunications service plan used by the Buyer. The Seller is not responsible for these costs incurred by the Buyer in concluding the purchase contract.

1.11

By completing and submitting an order, the Buyer may consent to the inclusion of all personal data provided in the company's database (as data controller) in accordance with Act No. 110/2019 Coll., on Personal Data Processing, and Act No. 480/2004 Coll., on Certain Information Society Services, both as amended. The company processes the personal data provided for the purpose of processing orders and fulfilling its obligations arising from the purchase contract concluded between the company and the Buyer, with the exception of the Buyer's first name, surname, address, telephone number and email address, which the company is additionally entitled to use for marketing purposes, particularly for offering its own products and services and those of other companies, including sending information about organised events, products and other activities, as well as commercial communications by electronic means in accordance with Act No. 480/2004 Coll., on Certain Information Society Services. The Buyer voluntarily grants consent to the marketing use of the specified personal data until such consent is withdrawn. If the Buyer no longer wishes their personal data to be used for marketing purposes, they may withdraw their consent at any time. To ensure the fastest possible processing of the request, please send written withdrawal of consent to the Seller's Premises at Lisabonská 2394/4, Prague 9, 190 00.

1.12

The Buyer acquires ownership of the purchased goods upon their handover, provided that the purchase price has been paid in full. If the purchase price has not been paid in full, the goods remain the property of the Seller until full payment has been made.

2. INFORMATION SECURITY AND PROTECTION

2.1

The Seller declares that all personal data is confidential, will be used solely for the performance of the contract with the Buyer and will not otherwise be disclosed or provided to third parties, except in situations related to the distribution or payment processing of the ordered goods (disclosure of name and delivery address). Personal data provided by the Buyer to the Seller for the purpose of fulfilling an order is collected, processed and stored in accordance with the applicable laws of the Czech Republic, particularly Act No. 110/2019 Coll., on Personal Data Processing, as amended. The Buyer consents to the Seller collecting and processing this personal data for the purpose of fulfilling the purchase contract until the Buyer expresses written disagreement with such processing. The Buyer has the right to access and rectify their personal data, as well as other statutory rights relating to such data.

2.2

The protection of the Buyer's personal data is further regulated in the document "Privacy Policy", available at https://www.aromaglobal.cz/podminky-ochrany-osobnich-udaju/.

3. GOODS, PRICES, CHARACTERISTICS, USE AND PRODUCT LABELLING

3.1

The Seller reserves the right to change prices in the store at any time without prior notice to customers. Prices displayed on the website are valid and binding at the time the order is placed. Once goods have been ordered, any subsequent price changes in the online store do not affect the price stated in the order. All prices displayed on the online store website include VAT.

3.2

Prices may vary depending on the product designation in the online store or, where applicable, on the sales document (invoice).

• The designation "unpacked" means that the product has been unpacked, tested or used, but for no longer than 14 days. The product has subsequently been restored to its original condition. A product marked in this way includes all accessories and should show no signs of damage. The warranty period may be proportionally reduced by the period elapsed since the product was first used.

3.3 Order Cancellation and Price Adjustment

• The Seller reserves the right to correct the price of goods before dispatch if it is discovered that the goods were offered at an incorrect price. In such a case, the Seller must inform the Buyer of the correct price, and the Buyer must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the Seller will cancel the order.

3.4

The specific characteristics, quantity, intended use, any applicable classification and safety instructions are stated for each product, on its packaging and in the accompanying documentation.

3.5

Fragrance compositions and fragrance oils intended for further processing are not, in themselves, finished cosmetic or food products, nor are they products intended for direct application to the body, ingestion or any other use, unless expressly stated otherwise for the specific goods. The Buyer is obliged to comply with the information on the label, safety instructions, recommended dosage and intended use specified by the Seller or manufacturer.

3.6

Where safety data sheets, specifications, allergen lists or IFRA certificates are provided with the goods, these documents serve as a basis for their safe and professional use. Before using the goods, the Buyer shall verify their suitability for the intended application and their compatibility with other ingredients.

3.7

A Buyer who is an entrepreneur and uses the goods in the manufacture of their own products is responsible for formulation design, carrying out the necessary tests, determining a safe concentration and complying with the legal requirements applicable to their finished product, including its classification, labelling and placing on the market. This does not affect the Seller's liability for the characteristics and defects of the supplied goods.

3.8

Minor variations in the colour, shade or intensity of a fragrance between production batches shall not be considered defects, provided that they comply with the product specification and do not affect its safe and normal use. A subjective assessment of a fragrance does not, in itself, constitute a defect if the goods correspond to their description, sample or agreed characteristics.

4. ORDERING

4.1

If an order is placed by telephone, the Seller shall confirm the telephone offer to the Buyer (consumer) in text form (electronically by email). Sending the offer to the Buyer does not, in itself, constitute a binding conclusion of the contract or order. For the contract or order to be validly concluded, the Buyer (consumer) must accept the offer, either by signing a paper copy of the offer in text form or by any electronic means, including informal methods (e.g. email or SMS).

4.2

The Seller reserves the right not to confirm an order or part thereof, or to withdraw from a confirmed order or part thereof (where the Buyer is an entrepreneur), in the following cases: the goods are no longer manufactured or supplied, or the supplier's price has changed significantly. If such a situation arises, the Seller shall promptly contact the Buyer to agree on further action. If the Buyer has already paid part or all of the purchase price, the amount paid shall be refunded to their account or address as soon as possible, within 10 business days and no later than 30 days from the Seller's refusal to confirm or withdrawal from the order.

4.3

The Seller further reserves the right to refuse an order from a Buyer who has previously failed to pay properly and on time for goods ordered on a binding basis.

4.4

For faster processing, the Seller recommends that Buyers place orders through the online store.

4.5

The Seller's delivery times are as follows:

• Goods in stock are generally dispatched within 24 hours of receiving the order or, where applicable, of the payment being credited to the Seller's bank account.
• Goods available on order are generally dispatched within 3–7 weeks of receiving the order or, where applicable, of the payment being credited to the Seller's bank account.

5. WITHDRAWAL FROM THE CONTRACT

5.1

Withdrawal from the contract by a Buyer who is a consumer. In accordance with Section 1829(1) of the Civil Code, in conjunction with Section 1818 of the Civil Code, a consumer has the right to withdraw from a contract within 14 days of receiving the goods if the contract was concluded using means of distance communication. If the consumer decides to exercise this right, the withdrawal notice must be delivered to the Seller no later than the 14th day after receipt of the goods. The consumer is hereby informed of their right to withdraw from the contract in accordance with Section 1820(1)(f) of the Civil Code.

5.2

The consumer Buyer is obliged to return the goods complete, with all documentation, undamaged, clean and, where possible, including the original packaging, in the condition and value in which the goods were received. If the returned goods are incomplete or damaged, the Seller may reduce the refunded purchase price by a corresponding amount in accordance with Section 2991 et seq. of the Civil Code. The customer will be informed sufficiently in advance of the costs of restoring the goods to their original condition by email sent to the address used when placing the order. The Seller reserves the right to unilaterally offset the above amounts against the purchase price paid by the Buyer. The funds for the returned goods shall be refunded to the consumer Buyer within 14 days of the withdrawal from the contract becoming effective.

5.3

Except where withdrawal from the contract has been expressly agreed, the consumer may not withdraw from contracts for the supply of goods whose price depends on fluctuations in the financial market beyond the Seller's control.

5.4

Contaminated or otherwise hazardous goods that do not meet hygiene standards may constitute grounds for rejecting a complaint. The Seller is entitled to refuse returned goods sent by the Buyer cash on delivery where such delivery involves any costs for the Seller.

5.5

If the Buyer decides to withdraw from the contract within the above period, we recommend, in order to expedite the withdrawal process, delivering the goods to the Seller's address together with a covering letter stating any reason for withdrawal from the purchase contract (not mandatory), the purchase document number and the bank account number, or indicating whether the amount is to be collected in cash or used for a future purchase.

5.6

Upon fulfilment of all the above conditions for returning goods, the Buyer shall be entitled to a credit, which shall be transferred to the bank account specified by the Buyer no later than 14 days from the effective date of withdrawal from the contract. If no bank account number is provided, the amount shall be refunded to the account from which the payment was made. In the case of a cash payment, the refunded amount shall automatically be made available for use towards a future purchase or for collection in cash upon presentation of the original credit note, which shall be sent to the Buyer without undue delay after the withdrawal from the purchase contract has been processed.

5.7

Withdrawal from the contract by a Buyer who is an entrepreneur. If the Buyer is an entrepreneur, the Buyer may be offered an alternative arrangement for withdrawal from the purchase contract depending on the condition of the returned goods, the remaining warranty period and the current price of the returned goods. The condition of the goods shall be assessed by the Seller. If terms acceptable to both parties cannot be agreed upon, the goods shall be returned at the Seller's expense. The Seller is entitled to charge the Buyer any additional costs incurred.

5.8

When issuing a credit note, the Buyer may be required to present an identity card or another identity document for the purpose of protecting the Buyer's ownership rights. By presenting an identity card or another identity document, the Buyer consents to the processing of personal data in accordance with Article II of these GTC.

5.9

In the case of direct collection of goods at the Premises without a prior order placed through means of distance communication, the provisions of Article V of these GTC (withdrawal from the contract) shall not apply, as the contract was not concluded using means of distance communication.

5.10

The consumer has the right to withdraw from a contract concluded online using the designated form and functional element (button) in accordance with Section 1830a of Act No. 89/2012 Coll., the Civil Code. This element is labelled "Withdraw from Contract" and is permanently and easily accessible in the header of the website at https://www.aromaglobal.cz/moje-objednavka/

After clicking, you will be redirected to the "My Order" page. Then follow these steps:

1. Enter your order number.
2. Enter the email address you provided when placing the order.
3. Click the "View Order" button.
4. Check your email. You will receive a message containing a link to view your order.
5. Open the link in the email and then click the "Return Products" button.

5.11

A Buyer who is an entrepreneur is entitled, beyond the obligations established by the Civil Code, to withdraw from the purchase contract within 14 days of receiving the goods. In the event of withdrawal from the contract pursuant to this provision of the GTC, the Seller is entitled to charge a return fee of 5% of the purchase price of the goods. This fee shall not be charged if the entrepreneur Buyer requests an exchange of the goods returned under this provision of the GTC for goods of a higher value.

5.12

In accordance with Section 1820(1)(g) of the Civil Code, in conjunction with Section 1832(3) of the Civil Code, the Buyer and the Seller agree that, in the event of withdrawal from the purchase contract pursuant to Section 1829 et seq. of the Civil Code, the Buyer shall bear all costs associated with returning the goods to the Seller.

5.13 Withdrawal by the Seller Due to Reasons Attributable to the Buyer

The Seller is also entitled to withdraw from the purchase contract if the Buyer (consumer) fails to accept the ordered goods. If the Buyer fails to accept the goods for reasons attributable to the Buyer (e.g. cancels an order after the goods have already been dispatched, fails to collect or accept a shipment despite repeated notifications from the carrier, is unable to pay the purchase price, etc.), the Buyer shall be obliged to pay a contractual penalty. The contractual penalty amounts to CZK 200. This contractual penalty includes costs reasonably incurred in connection with the cancelled purchase contract, particularly administrative costs associated with processing the order and costs of unsuccessful transport to the Buyer and back to the Seller's warehouse. If the Buyer fails to pay the contractual penalty within the specified period, i.e. within 14 days of the invoice being issued, the claim shall be recovered through a debt collection company, including all associated costs. Please note that the contractual penalty is legally enforceable in accordance with applicable legislation. In the event of an unpaid obligation, the consumer Buyer expressly consents to the Seller transferring personal data to a third party. A third party means a person carrying out debt collection on behalf of the Seller. The contractual penalty constitutes a separate claim independent of the flat-rate reimbursement of costs specified in Clause 7.4 of these GTC.

6. PAYMENT TERMS

6.1

The Seller accepts the following payment methods:

• cash or card payment at the time of purchase,
• advance payment by bank transfer,
• online payment by payment card.

6.2

The moment at which the risk of damage passes is understood to be the handover of the goods to the carrier (in the case of delivery by a transport service) or the receipt of the goods by the Buyer (in the case of personal collection).

6.3

If the Buyer is late in paying any overdue obligation (debt), the Seller is entitled to remind the Buyer to pay the outstanding amount, including repeatedly. The Buyer and the Seller hereby agree that the Seller is entitled to charge the Buyer additional flat-rate costs of CZK 100 excluding VAT for sending a reminder electronically (by email). Similarly, for sending a reminder in written form (by post or data mailbox), the Seller shall charge the Buyer additional flat-rate costs of CZK 300 excluding VAT. In the event of litigation, these costs shall be claimed as legal costs incurred by the Seller and shall be regarded by the Buyer as undisputed.

7. DELIVERY TERMS

7.1 Personal Collection

The goods may be collected at the Premises by the Buyer or by a person who provides the order number. Such persons must sufficiently identify themselves and present a valid identity card or another identification document.

7.2 Shipping by Carrier – Czech Republic, EU and Other Countries

Goods may be shipped to the Buyer through transport companies PPL, DPD and Zásilkovna (Packeta), or other carriers according to the Seller's current offer.

The Seller arranges delivery of goods within the Czech Republic, to Member States of the European Union and to other countries worldwide, provided that the shipping conditions of the relevant carrier and the legal regulations of the destination country permit such delivery.

Shipping costs are determined according to the current price list valid on the date of the order or, where applicable, an individually determined price for the specific destination country, and shall be paid by the Buyer. The Buyer is informed of the shipping cost before completing the order.

When shipping goods to countries outside the European Union, shipments may be subject to customs duties, import taxes, customs clearance fees or other similar charges imposed by the legislation of the destination country. All such charges shall be borne by the Buyer and are not included in the price of the goods or shipping unless expressly stated otherwise. The Buyer is responsible for fulfilling any applicable import obligations in the destination country.

The Seller shall not be liable for delays in delivery caused by customs clearance procedures or actions of the relevant public authorities, provided that such delays were not caused by the Seller.

If the Buyer fails to collect the shipment within the storage period specified by the carrier, the Seller is entitled to claim compensation for demonstrably incurred damage under the conditions set out in Clause 7.4 of these GTC.

7.3

Upon receiving goods from the carrier, the Buyer is obliged to check that the packaging is intact and immediately notify the carrier of any defects. If the packaging shows signs of unauthorised interference with the shipment, the Buyer is not obliged to accept the shipment from the carrier.

7.4

If the Buyer fails to accept the goods within the period specified by the carrier and the goods are returned to the Seller, the Buyer is obliged, in accordance with Section 1729(2) of the Civil Code, to reimburse the Seller for reasonably incurred costs associated with shipping the goods to the Buyer. These costs are set at CZK 150 excluding VAT per shipment, even where shipping is indicated as "free" for the product. If the goods were shipped to the Buyer cash on delivery, the reimbursement shall be increased to CZK 200 excluding VAT. These amounts shall be increased by a handling fee of CZK 200 excluding VAT for unpacking and restocking the product.

8. WARRANTY TERMS

8.1

The warranty conditions applicable to the goods are governed by the Seller's Complaints Procedure and the applicable laws of the Czech Republic. The purchase document serves as the warranty certificate.

9. DISPUTE RESOLUTION

9.1

Mutual disputes between the Seller and the Buyer shall be resolved by the ordinary courts having subject-matter and territorial jurisdiction. A Buyer who is a consumer within the meaning of Act No. 634/1992 Coll., on Consumer Protection, as amended, has the right under that Act to alternative dispute resolution concerning a consumer dispute arising from a purchase contract or a service contract. The authority authorised to conduct alternative dispute resolution is the Czech Trade Inspection Authority. Alternative dispute resolution of a consumer dispute is always initiated upon application by the Buyer (consumer), and only if the dispute could not be resolved directly with the Seller. The application may be submitted no later than one year from the date on which the consumer first exercised the right that is the subject of the dispute with the Seller. During negotiations concerning the out-of-court settlement of the dispute, limitation and preclusion periods under the Civil Code shall neither run nor commence until one of the parties expressly refuses to continue negotiations.

9.2

Information about alternative dispute resolution and the procedure for submitting an application is available at https://coi.gov.cz/informace-o-adr/. An application may be submitted no later than one year from the date on which the consumer first exercised the right that is the subject of the dispute with the Seller.

9.3

The Seller hereby undertakes to give priority to seeking an out-of-court resolution of disputes with the Buyer, provided that the Buyer does not refuse such a resolution.

9.4

The procedure described in this Article of the GTC does not constitute mediation under Act No. 202/2012 Coll., on Mediation, as amended, nor does it constitute arbitration under Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Awards, as amended. Use of this procedure does not affect the parties' right, at their discretion, to bring their claims before the Czech Trade Inspection Authority or a court.

9.5

Compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is supervised by the Czech Trade Inspection Authority.

10. FINAL PROVISIONS

10.1

If any provision of these GTC becomes invalid, ineffective or unenforceable, the remaining provisions of these GTC shall remain unaffected. In such a case, the Buyer and the Seller undertake to replace the invalid, ineffective or unenforceable provision with a provision that is as close as possible in content and purpose to the original provision and complies with applicable law.

10.2

These GTC are valid and effective from 1 August 2026. The Seller reserves the right to amend these GTC without prior notice.