TERMS AND CONDITIONS

Claim Form: To submit a complaint, you can use our online claim form. Further details regarding the complaint process can be found in Section VII. Rights arising from defective performance (Claims).



I. 
INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern, in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations between Pigmentarium Pragensis s.r.o., Company ID: 07105231, VAT ID: CZ07105231, with its registered office at Rybná 716/24, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 294745 (hereinafter referred to as the “Seller”), and buyers (hereinafter referred to as the “Buyer”) when concluding purchase contracts through the online store at www.pigmentarium.com (hereinafter referred to as the “E-shop”).

1.2. These Terms and Conditions form an integral part of every purchase contract concluded between the Seller and the Buyer. Any provisions agreed in an individual purchase contract shall prevail over these Terms and Conditions.

1.3. The Buyer may be a consumer or an entrepreneur:
— A consumer is any natural person who, outside the scope of their business activity or independent exercise of their profession, concludes a contract with the Seller.
— An entrepreneur is a person who independently carries out a gainful activity for the purpose of making a profit and who, when placing an order, provides their Company ID or VAT ID.

1.4. By concluding a purchase contract, the Buyer confirms that they have read the full wording of these Terms and Conditions, understand their content, and agree to them in their entirety.

1.5. The Seller is entitled to amend these Terms and Conditions. For the contractual relationship between the Seller and the Buyer, the version effective at the time of conclusion of the purchase contract shall always be binding.



II.
INFORMATION PRIOR TO CONCLUSION OF THE CONTRACT

2.1. In accordance with Sections 1811 and 1820 of the Civil Code, the Seller hereby informs the Buyer that:
— the Seller’s identity and contact details are provided above and also in the “Contact” section of the E-shop,
— the description of the offered product and its main characteristics are always specified for each product on the E-shop,
— the total price is always displayed including all taxes, fees and delivery costs (shown during the ordering process),
— the method of payment and delivery is chosen by the Buyer when placing the order,
— the costs of using means of distance communication do not differ from the basic rate (internet connection, telephone call etc. according to the Buyer’s tariff); the Seller does not charge any additional fees,
— the Buyer has the right to withdraw from the contract within 14 days; details are set out in these Terms and Conditions,
— the Seller is liable for defects of the goods in accordance with these Terms and Conditions and applicable legal regulations,
— the Buyer has the possibility of out-of-court settlement of consumer disputes with the Czech Trade Inspection Authority, www.coi.cz, adr@coi.cz
— the order is archived in electronic form; it is not publicly accessible and the Buyer has the right to access it upon request,
— the language of the contract is Czech, unless expressly agreed otherwise.



III.
CONCLUSION OF THE PURCHASE CONTRACT

3.1. All product presentations displayed on the E-shop are for information purposes only and the Seller is not obliged to conclude a purchase contract for such goods. The offer of goods becomes binding only when the Buyer’s order is confirmed by the Seller.
 
3.2. The purchase contract is concluded when the Buyer submits an order via the E-shop order form and such order is confirmed by the Seller to the Buyer’s e-mail address.

3.3. When placing an order, the Buyer is obliged to provide accurate and truthful information. In case of providing false or incomplete information, the Buyer is liable for any damages that may result.

3.4. The Seller has the right to withdraw from the purchase contract even after confirmation, if the order was based on an obvious error in the price or characteristics of the product which the Buyer should have recognized. In such a case, the Seller shall promptly inform the Buyer and refund all payments received.

3.5. The Seller is entitled to refuse an order if the goods are unavailable, if there has been an error in the price or product information, or if there are reasonable doubts as to the legitimacy of the order. In such case, the Buyer shall be informed without undue delay.

3.6. Any special requirements or notes stated by the Buyer in the order shall become part of the contract only if expressly confirmed by the Seller.



IV.
PRICE AND PAYMENT TERMS

4.1. The prices of goods are stated inclusive of VAT and all related fees. Delivery and payment costs are always listed separately according to the method chosen. Prices remain valid as long as they are displayed on the E-shop.

4.2. The Buyer may pay the purchase price of the goods in particular by:
— online payment card,
— express checkout services (e.g. PayPal, Apple Pay),
— other payment methods listed on the E-shop.

4.3. Unless otherwise agreed, the purchase price is payable before the goods are dispatched.



V.
DELIVERY OF GOODS

5.1. Goods are delivered by contracted carriers to the address specified by the Buyer in the order, to a collection point chosen by the Buyer, or may be personally collected at a location designated by the Seller, if this option was offered during the ordering process.

5.2. The delivery period is usually 2–5 working days from the confirmation of the order. In case of a longer delivery period, the Buyer will be informed.

5.3. The Buyer is obliged to check the integrity of the packaging upon receipt. If the packaging is damaged, it is recommended not to accept the shipment and to immediately inform both the carrier and the Seller.

5.4. The risk of damage to the goods passes to the Buyer at the moment of acceptance.

5.5. In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods in a manner other than agreed in the contract, the Seller is entitled to require the Buyer to pay all additional costs associated with such delivery.

5.6. Orders placed for delivery within the United States are fulfilled by the Seller’s US distribution partner. Goods are shipped directly from their warehouse.



VI.
WITHDRAWAL FROM THE CONTRACT

6.1. The consumer has the right to withdraw from the purchase contract within 14 days of receiving the goods, without giving any reason.

6.2. The Buyer may withdraw from the contract in writing to the Seller’s studio address (Janáčkovo nábřeží 885/3, 150 00 Prague) or electronically to the e-mail address info@pigmentarium.com. 

6.3. The Buyer is obliged to send (to the Seller’s studio address specified in these Terms and Conditions) or return the goods to the Seller no later than 14 days from withdrawal from the contract. The costs of returning the goods shall be borne by the Buyer.

6.4. The Seller shall refund all payments received, including the costs of delivery (except for additional costs arising from the Buyer’s choice of a delivery method other than the least expensive type of standard delivery offered), no later than 14 days from withdrawal, using the same payment method that was used by the Buyer, unless otherwise agreed. However, the Seller is not obliged to refund payments before the Buyer proves that the goods have been sent back or before the Seller has received the goods. The Buyer is liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish their nature and characteristics.

6.5. Withdrawal cannot be exercised in respect of goods listed in Section 1837 of the Civil Code, in particular goods supplied in sealed packaging which have been unsealed by the consumer after delivery and which are not suitable for return for hygiene reasons. This applies especially to perfumes once opened or used. For other products (e.g. incense sticks, incense holders), the Seller shall assess the possibility of return individually depending on the nature and condition of the returned goods.

6.6. If the Buyer fails to accept the ordered goods for reasons attributable to the Buyer (e.g. refusal to accept delivery), the Buyer shall bear the costs associated with delivery and return of the goods to the Seller, and the Seller is entitled to withdraw from the purchase contract.

6.7. For gift vouchers sold as physical products, withdrawal from the contract is only possible if the voucher has not been redeemed. Once the voucher has been used, the right of withdrawal expires.

Special provisions for perfumes
6.8. For each purchased 50 ml perfume, the Seller automatically includes a free sample of the same perfume. This allows the Buyer to become familiar with the fragrance through the sample without opening the original 50 ml packaging. If the Buyer finds the fragrance unsuitable after trying the sample, they are entitled to return the purchased unopened and undamaged 50 ml perfume and withdraw from the purchase contract.

6.9. If, despite the enclosed sample, the Buyer opens or otherwise tampers with the original packaging of the perfume, the right of withdrawal under Section 1829 et seq. of the Civil Code expires.

6.10. These provisions are in accordance with Directive 2011/83/EU of the European Parliament and of the Council on consumer rights, in particular with the exception provided for in Article 16(e) of this Directive.

6.11. For customers in the United States, returns must be sent to the Seller’s designated US return address (details will be provided upon request by e-mail). All other withdrawal conditions specified in this section apply accordingly.



VII.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (CLAIMS)

7.1. The Seller is liable to the Buyer that the goods are free from defects upon receipt and that they have the characteristics specified in Section 2161 of the Civil Code.

7.2. The Buyer is entitled to exercise rights arising from defective performance within 24 months of receiving the goods. For goods with a stated shelf life, this period applies.

7.3. A claim may be made in writing at the Seller’s studio address or by e-mail at info@pigmentarium.com. The Buyer is obliged to state the reason for the claim and attach proof of purchase. To speed up communication, the Buyer may also use the online claim form available via the Seller's link, in which all necessary information and supporting documents must be provided. The Seller will then contact the Buyer and agree on the next steps for handling the claim.

7.4. The Seller shall confirm receipt of the claim and decide on its resolution without undue delay, no later than 30 days.

7.5. In the case of a justified claim, the Buyer is entitled in particular to:
— delivery of new goods free of defects,
— a reasonable discount on the purchase price,
— withdrawal from the contract in the event of a material breach of contract.

7.6. The Seller shall decide, after assessing the claim and in agreement with the Buyer, whether the goods must be returned to the Seller. If the claim is resolved by replacement of the goods or withdrawal from the contract, the Buyer is obliged to return the original goods. In the case of a reasonable discount or another arrangement, the Buyer is not obliged to return the goods.

7.7. In the event of a justified claim, all costs associated with delivery and return of the goods shall be borne by the Seller, including the costs of delivering the new or repaired goods to the Buyer. If the claim is found to be unjustified, delivery costs shall be borne by the Buyer.

7.8. For customers in the United States, the Seller may instruct the Buyer to return the goods to the Seller’s designated US return address. The claims procedure otherwise follows the provisions of this Article.



VIII.
PERSONAL DATA PROTECTION & COOKIES

The Seller processes Buyers’ personal data in accordance with Regulation (EU) 2016/679 (GDPR). This also includes the use of cookies, which serve to ensure the functionality of the E-shop, for analytical purposes, and for the personalization of advertising. Detailed information on the processing of personal data and the use of cookies is provided in the separate Privacy Policy available on the E-shop.



IX.
OUT-OF-COURT DISPUTE RESOLUTION

9.1. In the event of a dispute between the Seller and the Buyer who is a consumer, the Buyer has the right to out-of-court settlement. The body responsible for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 15, 120 00 Prague 2, website: www.coi.cz.

9.2. The consumer may also use the online dispute resolution (ODR) platform established by the European Commission, available at ec.europa.eu/consumers/odr.



X.
FINAL PROVISIONS

10.1. Rights and obligations not expressly regulated by these Terms and Conditions are governed by the Civil Code and other applicable legal regulations.

10.2. If any provision of these Terms and Conditions is or becomes invalid, ineffective or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions.

10.3. Individual agreements between the Seller and the Buyer in the purchase contract shall take precedence over these Terms and Conditions.

10.4. The Seller reserves the right to unilaterally amend these Terms and Conditions. The current version is always published on the E-shop and becomes effective on the date of its publication.

10.5. The purchase contract is governed by the laws of the Czech Republic and is concluded in the Czech language, unless expressly agreed otherwise.

10.6. All communication between the Seller and the Buyer shall primarily take place by e-mail. E-mails sent to the address provided by the Buyer in the order shall be deemed delivered.

10.7. For customers outside the European Union, including the United States, these Terms and Conditions apply with the modifications expressly stated herein (e.g., return address for goods).




These Terms and Conditions shall take effect on 1 September 2025.