USER AGREEMENT

This Agreement (hereinafter: "Agreement") is a public offer of KOMETAC GmbH (hereinafter: "Company" or "KOMETAC"), addressed to users, and defines the rights and obligations of the user and the Company when using materials and services provided on the website www.farfalia.com.

By using the functionality of the website, the user confirms that they have read this Agreement and its terms, and further confirms that they accept them without reservation.

If the user does not agree with any of the terms of the Agreement, they are not entitled to use the website and undertake to immediately cease its use.

The Company is entitled to amend/supplement this Agreement without corresponding notification to the user in connection with changes to the functionality of the website as well as without such changes. The user undertakes to independently monitor any changes to the Agreement. The Company is not liable for losses incurred by the user due to untimely awareness of the text of this Agreement and changes thereto.

1. Subject of the Agreement

1.1. The subject of this Agreement is to grant the user access to the website for the following purposes:

1.1.1. Informing the user about the services offered, payment methods, and providing access to other information;

1.1.2. Access to and use of content free of charge in compliance with intellectual property laws;

1.1.3. Providing the opportunity to receive a preliminary cost estimate for goods and services;

1.1.4. Offering and selling goods on the B2B platform of KOMETAC GmbH;

1.1.5. Access to and use of the Personal Account;

1.1.6. Other types of services offered on the pages of the website.

1.2. The Agreement covers all existing (actually functioning) website services at the present time, as well as any subsequent changes thereto and additional website services that may appear in the future.

1.3. The Company provides the website and the website software to the user "as is" without additional warranties.

1.5. Relations regarding the purchase of goods and services on a paid basis are subject to the respective offer on the website.

1.6. The use of certain website services may be governed by special conditions that form an integral part of the Agreement, in the form of a separate document, rules, instructions, guidelines and/or explanations published directly on the website. In the event of discrepancies between the terms of this Agreement and the special conditions, the special conditions shall prevail.

1.7. Each party guarantees to the other party that it has all the necessary and sufficient rights and powers to enter into this Agreement and to execute it in accordance with its terms.

2. General Terms of Use for the B2B Platform of KOMETAC GmbH

2.1. The following terms govern the offering and selling of products on the B2B platform of KOMETAC GmbH. Customers must ensure that they read the rules regarding this section, the Privacy Policy and the Cookie Policy, and agree to the processing of personal data before proceeding with a purchase.

2.2. This section provides information about the terms of use for our online platform www.farfalia.com and the conditions governing the services and processes for the purchase and sale of products between KOMETAC and its customers.

2.3. The General Terms apply to the services and processes of buying and selling products between KOMETAC and its registered customers (hereinafter referred to as "Customer").

2.4. The purchase and sale process between KOMETAC and the distribution partner will in any case be supplemented by the Specific Terms that may be expressly agreed between the parties, and for all purposes, all other terms that have not been expressly accepted in writing shall have no value. The distribution partner is a legal entity that has entered into a corresponding agreement with the Company, in which special conditions are established.

3. General Terms for KOMETAC Platform Subscription Services

3.1. KOMETAC offers special conditions for customers who activate a paid subscription service package, as shown on our website, without the right of withdrawal for all products and services purchased from KOMETAC. The full subscription terms are governed by a separate agreement (offer).

3.2. The activation of a paid subscription service plan constitutes acceptance of a regular payment over a selected period from the date of plan activation. Renewal occurs automatically.

3.3. The plan remains active until its expiration date but will not be renewed unless cancelled by the customer.

3.4. KOMETAC does not refund amounts for subscription periods.

3.5. Images and videos are the property of the KOMETAC platform, and their distribution to third parties is prohibited. It is the customer's responsibility to control any further distribution of the images.

4. General Terms for Order Placement

4.1. Once the registration process of a new customer in our system is completed, the customer can place their order directly on our platform.

4.2. The customer agrees to accept the prices, the description of the products for sale, and the current General Terms. For the order to be valid, the customer must receive confirmation from KOMETAC. All orders are subject to the availability of items.

4.3. Our products are offered within the limits of our stock availability, as indicated on our website. Should a product become unavailable after an order has been placed, we will inform you by email of any delay, partial delivery, or cancellation of the product.

4.4. The product preparation time is indicated alongside the availability. The preparation time refers only to business days. KOMETAC will endeavor to ship orders within the indicated time, however occasional delays may occur that are beyond our control and that do not qualify for a refund of any kind.

4.5. KOMETAC reserves the right to change the design of products and/or their packaging as part of its continuous improvement, as well as to make them more marketable, and will always guarantee that product quality remains the same.

5. General Terms of Pricing Policy

5.1. Retail prices on the KOMETAC website do not include VAT. Both shipping costs and any additional fees will be calculated and added at the end of the order.

5.2. Prices indicated on the KOMETAC platform may be subject to fluctuations without prior notice, as may technical specifications.

5.3. If a customer places an order for products with an incorrect price, KOMETAC will make contact and communicate the correct price and, in this case, will wait for the customer's confirmation of acceptance of the correct price before processing the order.

5.4. Depending on various limited promotions, KOMETAC customers may benefit from additional, varying discounts depending on the products requested and their quantities, as indicated on the website.

6. General Terms of Payment Methods

6.1. The customer can make payments by credit or debit card, bank transfer, or PayPal.

6.2. With the aim of improving the user experience, KOMETAC reserves the right to activate a payment agreement via PayPal if the customer selects this payment method.

7. General Terms for Dropshipping

7.1. Dropshipping services mean that the customer sells a product to the end customer and KOMETAC, as a third-party provider, handles the fulfillment and shipping of the product directly to the end customer. Please note that once the product has been purchased on the KOMETAC platform, it becomes the property of the customer. Please therefore check the image demos to get an accurate picture of the product at the time of purchase and ensure that it matches the description given to the end customer, as there are NO RETURNS. The full dropshipping terms are governed by a separate agreement (offer).

7.2. KOMETAC provides the customer with images and accurate descriptions of all products listed on the platform. KOMETAC offers a synchronization service, provided the customer has an active subscription with us, which allows synchronization of live inventory.

7.3. KOMETAC offers a technical support service limited to the basic functionality of purchasing on the KOMETAC platform. Some technical support services may be subject to a fee, for example reinstallation, server transfer, template change, or backup.

7.4. KOMETAC does not refund amounts.

8. General Terms of Transport

8.1. We can support worldwide delivery (except to countries under sanctions). Our freight partners are UPS, DHL, FedEx, and other postal services. The average delivery time within Europe is 5-10 business days. The delivery time is approximate. Actual delivery dates must be indicated on the website / in the resources of the transport companies/postal operators. Invoices for orders delivered by courier can be downloaded and printed online in the customer account area of the platform. Once such information has been issued, no changes can be generated.

8.2. Goods are shipped to the address indicated by the customer at the time of purchase and allow for shipment of goods to their end customers ("Dropshipping Function").

8.3. Shipping times are indicated on the website. These may vary depending on the chosen payment method and the quantity of goods ordered.

8.4. KOMETAC offers several transport options. The availability of these depends on the final destination and the type of goods to be shipped.

8.5. Exact shipping times depend on the destination and the chosen transport option.

8.6. The indicated timeframes are estimates and are not binding. Any delay in delivery time does not entitle the customer to claim direct or indirect damages, reject the order, or suspend the fulfillment of any obligation, particularly payment.

8.7. If necessary, the customer is responsible for communicating with their end customer to provide the shipper with all necessary information for delivery.

8.8. KOMETAC is not responsible for the complete or partial non-fulfillment or delay of its obligations to the customer when caused by an unforeseeable event affecting KOMETAC and its suppliers or shippers equally. This includes strikes, weather disruptions, absence or impossibility of obtaining products from the manufacturer, etc.

9. General Terms for Receipt and Acceptance of Goods

9.1. At the time of receipt and acceptance of the goods, it is the responsibility of the recipient (i.e., "end customer") to verify that the goods correspond to the original order and that the information on the invoice is correct, as well as that the condition, documentation, and packaging are undamaged. In the case of visible markings that could indicate that the goods may be damaged, it is the responsibility of the recipient to note this on the delivery note (whether digital or paper-based) and indicate that the goods are damaged. If the goods are accepted without this having been done, all subsequent claims by the end customer and/or the customer shall be invalid.

9.2. In the event of such a situation, a problem report (hereinafter "Ticket") must be created through the complaint/problem handling area on the website www.farfalia.com.

9.3. Complaints will only be accepted from the customer within 5 calendar days of receipt. If this deadline has passed without the complaint being raised, the goods shall be deemed to have been received by the recipient in perfect condition and quantity.

9.4. KOMETAC reserves the right to reship the defective product, refund the amount, or ask the customer to keep the defective product in their KOMETAC return area, whichever is most appropriate.

10. General Terms for the Sale of Leading Brand Products

10.1. KOMETAC is entitled to use and exploit the rights to images of perfumes, cosmetics, and other product brands on its website, in order to transfer the aforementioned rights to our customers who are contracted with KOMETAC platform subscription services. The aforementioned content is protected by intellectual property laws, which the customer should always respect.

10.2. The transfer of these rights to the customer is strictly limited to what is established in the business relationship through the dropshipping process, and through which our customers are able to use these images solely and exclusively for commercial purposes and only during the time in which the business relationship between KOMETAC and the customer exists.

10.3. It is strictly prohibited to distribute the images and transfer the rights to third parties. The customer is obligated to take the necessary measures to prevent fraudulent use.

10.4. The suppliers of branded perfumery and cosmetic products selling through our platform have guaranteed to KOMETAC that all products are original, that they were correctly acquired from their owners or from authorized suppliers with the necessary permissions and authorizations for their distribution.

10.5. KOMETAC customers may market these articles within their national markets but should understand and respect European legislation regarding brands in the various distribution channels. If these are not respected, the customer is solely responsible for any damages that may arise for the brand owners.

10.6. KOMETAC is not the official distribution partner of the brands and acts only as a reseller within the sales channel on its platform for customers from the Caspian Region, Taiwan, and Japan.

10.7. KOMETAC is aware of all brand images and will not damage the good reputation of the brands under any circumstances. It will provide distribution partners with the products and content and remind them of their obligation to respect the correct marketing thereof, and urge them not to falsify the images or the brand positioning. KOMETAC advises following these premises:

10.7.1. Market the products respecting the prestige that the brands enjoy.

10.7.2. Market the products according to the selective distribution strategy, meeting the specific qualitative conditions required by marketing so that the products resemble the offline channel.

10.7.3. Respect all possible restrictions imposed and communicated by the brand, or specific clauses for the sale of their products.

10.7.4. Market these articles by offering end customers a service corresponding to the image of the brands, which will require adequate training for optimal customer evaluation.

10.8. KOMETAC suppliers, official and authorized brand distribution partners, expressly guarantee to KOMETAC that they have the specific permission to resell the products to us. Nevertheless, the KOMETAC customer should ensure in advance that the chosen distribution channel is suitable for the required selective distribution of the acquired products, thereby releasing KOMETAC from any claims they may receive on this account.

10.9. KOMETAC reserves the right to temporarily or permanently suspend the accounts of customers who do not comply with the sales conditions, as compliance is the responsibility of the customers themselves.

10.10. KOMETAC recommends that its customers become aware of possible restrictions within their chosen purchasing channels and ensure that these resemble and correspond to the requirements of selective distribution, such as unilateral restrictions that the channel imposes on its customers.

10.11. Published images of perfumery products may in some cases not correspond to the format supplied by the manufacturer. Manufacturers reserve the right to change the packaging and product format without prior notice.

11. General Terms of the Privacy Policy

11.1. KOMETAC recognizes the importance of protecting the privacy and rights of its customers and guarantees that their data will be used correctly and that applicable legislation will be fully respected.

11.2. When registering on the KOMETAC website, the customer expressly agrees to the processing of their personal data. Your personal data is protected on the KOMETAC platform — Our Privacy Policy ensures that personal data is used exclusively for order management and for shipping ordered products, for communications regarding orders, returns, cancellations, payments, and invoicing. We also guarantee that the email addresses provided will not be shared with third parties but will be used exclusively for communication and for sending promotional materials related to our business.

11.3. The full terms of the Privacy Policy can be found at the link on our website.

12. Property Rights

12.1. This website is the property of KOMETAC GmbH, as are all rights to its content, images, texts, design, and software. All elements of this website are protected by intellectual property laws, with reference to copyrights. These rights are fully reserved. All elements of the website, except where otherwise indicated, are the property of KOMETAC and are protected by national and international copyright laws and may not be used beyond the conditions set forth in this "General Terms and Conditions" section without written permission.

12.2. Unless expressly authorized by KOMETAC, it is prohibited to reproduce, transmit, or exploit the content of this website in any way.

13. General Liability Terms

KOMETAC is not responsible for violations of third-party rights — visitors that are a consequence of improper use of materials on the platform. As visitors are not recognized any rights to the economic use of licenses, technologies, products, processes, or other property rights to KOMETAC materials mentioned on the website.

14. Applicable Jurisdiction

14.1. The current General Terms and Conditions are governed and interpreted according to the applicable legislation in Germany.

14.2. In the event of a dispute, the contracting parties are subject to the jurisdiction in Germany.