General Terms and Conditions of Essence Origin GmbH

1. Scope of Application

These General Terms and Conditions ("GTC") apply to the entire business area of Essence Origin GmbH (hereinafter "the Company").

2. Conclusion of Contract

The contract is concluded upon the customer's acceptance of the Company's offer regarding the purchase of products.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to order. The purchase contract is only concluded with the express order confirmation or, at the latest, with the dispatch of the goods.

The contract is, in any case, concluded when the customer orders or directly purchases the products offered by the Company via the Company's online shop.

Should an ordered product not be available despite careful inventory management, the Company is entitled to withdraw from the contract. Any payments already made will be fully refunded in this case. Further claims are excluded.

3. Prices

Unless otherwise offered, all prices are in Swiss Francs (CHF). All prices include any applicable Value Added Tax (VAT).

Prices are exclusive of any other applicable taxes.

Prices are exclusive of shipping costs, unless otherwise specified in the order process. Applicable shipping costs will be shown separately before the order is completed.

For deliveries to Germany and Austria, additional import duties, customs duties or country-specific taxes may apply. These shall be borne by the customer, insofar as legally permissible.

The Company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the Company's website and according to the Company's price list shall apply.

4. Payment

The Company offers the customer the following payment options: credit card, PayPal, advance payment, Twint, Klarna, Visa, American Express, Union Pay.

If the invoice is not paid within the aforementioned payment period, the customer will receive a reminder. If the customer does not pay the invoice within the set reminder period, they will automatically be in default.

From the time of default, the customer owes default interest at a rate of 5% (five percent).

If the Company also offers products for purchase, rent or other use via an online platform, it may also request payment electronically as part of the ordering process (credit cards, PayPal or other payment systems).

Offsetting the invoiced amount with any claim the customer may have against the Company is not permitted.

The Company has the right to refuse delivery or provision of services in the event of payment default.

5. Obligations of the Company

5.1. Delivery / Delivery Dates

Delivery is made exclusively within Switzerland, as well as to Germany and Austria.

Delivery takes place within 5 (five) working days after receipt of order. If timely delivery is not possible, the customer will be informed by the Company within 5 (five) working days after receipt of order and the new delivery date will be communicated.

The stated delivery times are non-binding guidelines. Delivery delays due to supply shortages from manufacturers or transport companies do not entitle the customer to claims for damages.

Unless otherwise agreed, the place of performance shall be the Company's registered office. The Company fulfills its obligation by handing over the ordered products to the agreed carrier. If no carrier is agreed, the Company is free to choose a carrier. The agreed shipping costs may not be increased by the choice of carrier.

Risk and benefit transfer to the customer upon handover of the goods to the transport company, insofar as legally permissible.

5.2. Auxiliaries

The parties have the express right to engage auxiliaries to fulfill their contractual obligations. They must ensure that the engagement of auxiliaries complies with all mandatory legal provisions and any collective bargaining agreements.

5.3 Retention of Title

The delivered goods remain the property of the Company until full payment of all claims arising from the purchase contract.

5.4 Transport Damage

The customer is obliged to report obvious transport damage immediately upon receipt of the shipment to the transport service provider and to inform the Company thereof in a timely manner. Failure to report does not affect statutory warranty rights; however, it facilitates the processing of any claims against the transport service provider.

6. Exchange

The customer is entitled to exchange products within 10 (ten) days of receipt. Exchange is only possible for originally sealed, unused and undamaged products in their intact original packaging.

For reasons of health protection, hygiene and value retention, opened or used perfumes, room fragrances and already unsealed products are excluded from exchange.

An exchange is only possible for products that were not specifically custom-made for the customer.

7. Right of Withdrawal

The customer has the right to withdraw from the contract within 14 (fourteen) days from sending the order in writing (letter, e-mail, fax, etc.) or implicitly by returning the products. To meet the withdrawal deadline, timely dispatch of the withdrawal notice or the product is sufficient. In the event of a withdrawal, the customer must bear the costs of return shipping. In the event of an effective withdrawal, the services received by both sides must be reimbursed. The products must be returned in their original packaging. Otherwise, the customer must fully indemnify the Company for any damage caused by opening the packaging or damaging the product.

The right of withdrawal only applies to originally sealed products. If the seal has been removed or the product has been used, withdrawal is excluded, insofar as this is legally permissible.

8. Warranty

The statutory warranty provisions apply.

The Company guarantees the above for a maximum period of 24 (twenty-four) months.

Minor deviations regarding packaging, bottle design or manufacturer changes do not constitute a defect, provided that the quality and identity of the product are not impaired.

Any defect must be reported to the Company immediately. The Company is free to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer has no right to a replacement product. The warranty period for the repaired element begins anew; for the remaining elements of the product, the original warranty period continues.

8.1 Product Information

The Company exclusively sells original products from the respective brand manufacturers. Information on fragrance notes, ingredients and product properties generally comes from the manufacturers. Despite careful checks, the Company does not guarantee their completeness or topicality. Customers with known allergies or intolerances are obliged to check the ingredient information themselves before use.

9. Liability

Liability for any indirect damages and consequential damages is fully excluded.

Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The Company is not liable for allergic reactions or individual intolerances to fragrances or ingredients, unless there is a mandatory legal liability.

The customer is obliged to report any damages to the Company immediately.

Any liability for auxiliaries is fully excluded.

10. Intellectual Property Rights

All rights to the products, services, and any trademarks belong to the Company or it is authorized to use them by the owner.

Neither these GTC nor any associated individual agreements involve the transfer of any intellectual property rights, unless explicitly stated.

Furthermore, any further use, publication, and making accessible of information, images, texts, or anything else that the customer receives in connection with these provisions is prohibited, unless explicitly authorized by the Company.

If the customer uses content, texts, or pictorial material in connection with the Company to

which third parties have a protective right, the customer must ensure that no third-party protective rights are violated.

11. Data Protection

The Company may process and use the data collected during the conclusion of the contract to fulfill its obligations under the contract. The Company takes the measures required by law to secure the data. The customer fully agrees to the storage and contractual use of their data by the Company and is aware that the Company is obligated and entitled to disclose customer information to courts or authorities or third parties upon their order. Unless the customer has explicitly prohibited it, the Company may use the data for marketing purposes. Data necessary for the provision of services may also be passed on to commissioned service partners or other third parties.

For the processing of orders, personal data may be passed on to payment service providers, shipping companies and IT service providers, insofar as this is necessary for the fulfillment of the contract.

Furthermore, the data protection provisions apply.

12. Amendments

These General Terms and Conditions may be amended by the Company at any time.

The new version shall come into force 30 (thirty) days after notification or publication on the website (https://www.essence-origin.com/agb) by the Company.

For customers, the version of the GTC valid at the time of the conclusion of the contract generally applies. This does not apply if the customer has agreed to a more recent version of the GTC.

13. Priority

These GTC supersede all older provisions and agreements. Only provisions from individual contracts that further specify the provisions of these GTC shall take precedence over these GTC.

14. Severability Clause

Should a provision of this contract or an annex to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the contract.

15. Confidentiality

Both parties, as well as their auxiliaries, undertake to treat all information that has been submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.

16. Force Majeure

If timely fulfillment by the Company, its suppliers, or involved third parties becomes impossible due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period thereafter. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall fully refund any payments already made to the customer.

Any further claims, in particular claims for damages due to force majeure, are excluded.

17. Applicable Law / Place of Jurisdiction

These GTC are subject to Swiss law. Unless mandatory legal provisions take precedence, the court at the Company's registered office shall have jurisdiction. The Company is free to file a claim at the defendant's registered office. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.