These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of GOM s.r.o., Company ID No.: 17645468, VAT ID No.: CZ17645468, with its registered office at Pod Žvahovem 1255/23a, Hlubočepy, 152 00 Prague 5, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 374431 (hereinafter referred to as the “Seller”), regulate in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or under a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and a natural or legal person (hereinafter referred to as the “Buyer”) via the Seller’s online store.

The online store is operated by the Seller on the website located at https://gom-perfumes.cz/ (hereinafter referred to as the “Website”).

Article 5 of these Terms and Conditions shall not apply to cases in which a person intending to purchase goods from the Seller is not a consumer, i.e., a legal entity or a natural person acting within the scope of their business activity or independent profession when placing an order.

Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.

The wording of the Terms and Conditions as published on the Website at the time of concluding the Purchase Agreement shall always form an integral part of the Purchase Agreement. By placing an order, the Buyer confirms acceptance of the Terms and Conditions as binding for the contractual relationship arising from the Purchase Agreement.

The Seller may amend or supplement the Terms and Conditions at any time. Any such changes or amendments shall become effective upon their publication on the Website. This provision shall not affect rights and obligations arising during the period of effectiveness of the previous version.

Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From this interface, the Buyer may place orders for goods (hereinafter referred to as the “User Account”). If the interface of the online store allows, the Buyer may also place orders without registration directly from the Website.

When registering on the Website and when placing an order, the Buyer is obligated to provide accurate and truthful information. The Buyer shall update the information provided in the User Account whenever it changes. The Seller shall consider the information provided by the Buyer in the User Account and when placing orders to be accurate.

Access to the User Account is secured by a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access their User Account and shall not allow third parties to use the User Account.

The Seller may cancel the User Account, especially if the Buyer has not used the User Account for more than one year or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software, or the hardware and software of third parties.

All presentations of goods on the Website are informative in nature, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods.

The Website contains information about the goods, including the prices of individual items. Prices of the goods are listed including value-added tax and all related charges. The prices remain valid for as long as they are displayed on the Website. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed conditions.

The Website also contains information about costs associated with the packaging and delivery of goods. This information applies only to deliveries within the Czech Republic.

To order goods, the Buyer fills out the order form on the Website. The order form contains information about:

1. the goods ordered (the Buyer ‘adds’ the goods to the electronic shopping cart on the Website),

2. the method of payment of the purchase price, details of the desired method of delivery of the ordered goods, and

3. information on the costs associated with the delivery of the goods (collectively referred to as the ‘Order’).

Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including with regard to the Buyer’s ability to detect and correct errors made during the input of data into the Order. The Buyer sends the Order to the Seller by clicking on the appropriate button. The information provided in the Order is deemed correct by the Seller. The Seller will confirm receipt of the Order to the Buyer immediately upon receipt by electronic mail to the Buyer’s email address specified in the User Account or in the Order (hereinafter the “Buyer’s Email Address”).

Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).

The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s Email Address.

The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer in using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, telephone calls) shall be borne by the Buyer.

The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the Purchase Agreement to the Seller using the payment methods listed on the Website at the time of purchase.

Along with the purchase price, the Buyer shall also pay the Seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

The Seller does not require a deposit or any other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

The Seller is entitled, especially if the Buyer fails to provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.

Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined unless the Seller explicitly states otherwise.

If it is customary in business relations or if stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Agreement. The Seller is a value-added tax payer. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent electronically to the Buyer’s email address.

The Buyer acknowledges that according to Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase agreement for the supply of goods that have been modified according to the wishes of the Buyer or for their person, from a purchase agreement for the supply of perishable goods or goods which have been irreversibly mixed with other goods after delivery, from a purchase agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase agreement for the supply of an audio or video recording or a computer program if the original packaging has been broken.

If this is not a case referred to in Article 5.1 or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, within fourteen (14) days of receipt of the goods. In the event that the Purchase Agreement concerns several types of goods or the delivery of several parts, this period begins from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in this paragraph.

To withdraw from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which is attached to these Terms and Conditions. The Buyer may send the completed withdrawal form, among other methods, to the address of the Seller’s registered office or to the Seller’s email address.

In the event of withdrawal from the Purchase Agreement according to Article 5.2, the Purchase Agreement is canceled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular postal means due to their nature.

In the event of withdrawal from the agreement under Article 5.2, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement in the same manner as they were received from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods or in another manner if the Buyer agrees to it and no additional costs are incurred. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the received funds before the Buyer has returned the goods or proved that they have sent the goods to the Seller.

The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, without cash to the account designated by the Buyer.

If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift ceases to be effective and the Buyer is obliged to return the provided gift together with the goods.

If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

If, according to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner different from that stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and in the event of any defects, notify the carrier immediately. In the event of discovering damage to the packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to take over the shipment from the carrier.

Additional rights and obligations of the parties during the transport of goods may be governed by the Seller’s special delivery conditions, if issued.

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:

1. the goods have the characteristics that the parties have agreed upon, and in the absence of such an agreement, those characteristics which the Seller or manufacturer has described or which the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them;

2. the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used;

3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model;

4. the goods are in the appropriate quantity, measure, or weight; and

5. the goods comply with the requirements of legal regulations.

The provisions stated in Article 7.2 shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by normal use, for used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the Buyer, or if it results from the nature of the goods.

If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.

The Buyer shall exercise rights from defective performance with the Seller at the address of their business premises where acceptance of a complaint is possible regarding the range of goods sold, or possibly at the registered office or place of business. The moment a complaint is made is considered the moment when the Seller receives the goods subject to the complaint from the Buyer.

Additional rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

Notices relating to the relationship between the Seller and the Buyer, particularly regarding withdrawal from the Purchase Agreement, must be delivered by post in the form of a registered letter unless otherwise agreed in the Purchase Agreement.

Notices shall be delivered to the relevant contact address of the other party and shall be deemed delivered and effective at the moment of their delivery by post, except for notices of withdrawal made by the Buyer, which are effective if sent within the withdrawal period.

A notification is also deemed delivered if its receipt was refused by the addressee, if it was not collected during the storage period, or if it was returned as undeliverable.

The parties may mutually communicate via email at the email address specified in the Buyer’s User Account or provided by the Buyer in the order, and to the address listed on the Website for the Seller.

If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

The sample form for withdrawal from the Purchase Agreement is attached to these Terms and Conditions.