Effective from: 1 May 2026

1. General Provisions

These Terms & Conditions (hereinafter "T&C") govern the rights and obligations of the seller and the customer in connection with the purchase of goods through the online store fcosme.com.

Seller: Herb-Pharma s.r.o., náměstí Smiřických 38, 281 63 Kostelec nad Černými lesy, Czech Republic (Company No.: 175 34 909, VAT No.: CZ 175 34 909), Director: Ing. Ondrej Michlo, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 372818.

Contact: home@herb-pharma.com | +421 367 738 281 | www.fcosme.com

Logistics partner: Logistics and fulfilment are handled by DEXTRUM Fulfillment, a.s., Kirilovova 181, 739 21 Paskov, Czech Republic. All parcels are physically dispatched from this warehouse.

These T&C are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll. (Civil Code) and Act No. 634/1992 Coll. (Consumer Protection Act). If the law of the consumer's country provides a higher level of protection, the relevant provisions of that law shall apply.

By placing an order, the customer confirms that they have read and agree to these T&C.

2. Customer

The customer is a natural person – consumer – purchasing goods for personal use outside the scope of their business activities. These T&C apply exclusively to sales to end consumers (B2C).

3. Products and Prices

The subject of sale are premium cosmetic products of the Fytofontana Stem Cells (FS) and Fytofontana Cosmeceuticals (FC) brands. The presentation of products on fcosme.com is purely informational and does not constitute an offer to enter into a contract within the meaning of Section 1732(2) of the Civil Code. The seller is not obliged to enter into a purchase contract in respect of the presented goods.

Product images and descriptions are for illustration purposes only. Colours and visual properties may vary slightly depending on the customer's display device.

All prices are stated in euros (EUR) inclusive of value added tax (VAT). The applicable VAT rate may vary by country of delivery and is automatically applied in accordance with applicable EU legislation (OSS system). Shipping costs are displayed separately in the shopping cart.

The seller reserves the right to change product prices at any time. Price changes do not apply to orders already confirmed by the seller.

4. Conclusion of the Purchase Contract

The customer places an order by completing the order form on fcosme.com and clicking the "Order" button. By placing an order, the customer confirms that they have read and agree to these T&C.

The purchase contract between the customer and the seller is definitively concluded at the moment the goods are physically handed over to the carrier. At this point, the customer receives a confirmation email which includes an electronic invoice (tax document). By placing an order, the customer agrees to the issuance and delivery of the invoice in electronic form.

The seller reserves the right to decline an order, in particular in the event of:

• the goods being sold out or temporarily unavailable,
• an obvious error in the price or description of the goods,
• inability to deliver to the specified address,
• suspicion of fraudulent activity.

In the event of a declined order, the customer will be notified promptly by email and any payment received will be refunded in full.

5. Payment Terms

The customer may choose from the following payment methods:

• Online payment in advance – via Shopify Payments (Visa, Mastercard, Apple Pay, Google Pay, Shop Pay and other available methods). Payments are processed through the secure gateway Stripe Technology Europe Limited.
• Cash on delivery (COD) – available for home delivery in selected countries only, subject to a surcharge displayed in the shopping cart.

Title to the goods passes to the customer only upon full payment of the purchase price and physical receipt of the goods.

6. Delivery

Goods are delivered through the seller's contracted carrier partners to countries available for selection in the shopping cart. Detailed information on delivery options, carriers, shipping costs, estimated delivery times, and order tracking is provided in the separate document Shipping Policy, which forms an integral part of these T&C and is available at fcosme.com.

The seller is not liable for delays caused by the carrier, an incorrect delivery address, or circumstances beyond the seller's control.

7. Right of Withdrawal (14-Day Return)

The customer has the right to withdraw from the purchase contract without giving any reason within 14 days of receiving the goods, in accordance with Section 1829 of the Civil Code and EU Directive 2011/83/EU.

Hygiene exception – IMPORTANT

As we sell cosmetic products, please note that under Section 1837(g) of the Civil Code and Article 16(e) of Directive 2011/83/EU, the customer may not withdraw from the contract if the product has been unpacked from its original packaging after delivery, the protective seal or hygiene protection has been broken, or the product has been used in any way. The product must be returned in its original, unopened, and undamaged condition.

The cost of returning the goods is borne by the customer. Detailed return instructions, return shipping options including the simplified return service via carrier network with a fixed fee deducted from the refund, and refund conditions are set out in the separate document Returns & Refund Policy, which forms an integral part of these T&C and is available at fcosme.com.

8. Warranty and Claims

All products sold are covered by a statutory 24-month warranty from the date of receipt, in accordance with Section 2165 et seq. of the Civil Code. The seller is liable for defects present at the time of receipt or that appear during the warranty period.

Claims must be submitted directly to the seller – not through the carrier. The exact claims procedure, including contact details, required documentation, and processing timelines, is set out in the separate document Returns & Refund Policy, which forms an integral part of these T&C and is available at fcosme.com.

9. Liability and Disclaimer

The seller is liable for product defects to the extent required by law. The seller is not liable for:

• damage caused by improper use or storage of the product by the customer,
• individual allergic or skin reactions – we recommend performing a patch test on a small area of skin before use,
• damage caused by use of the product contrary to the warnings and instructions provided with the product or published in the product description on our website,
• indirect damages, loss of profit, or consequential loss.

The seller's maximum liability to the customer is limited to the purchase price of the relevant order.

10. Personal Data Protection

The processing of customers' personal data is governed by the separate document Privacy Policy, which forms an integral part of these T&C and is available at fcosme.com. The seller processes personal data in accordance with EU Regulation 2016/679 (GDPR) and Act No. 110/2019 Coll.

11. Cookies

The website fcosme.com uses cookies. Detailed information is available in the Privacy Policy and through the cookie consent management tool (Cookiebot) on the website.

12. Out-of-Court Dispute Resolution

In the event of a dispute, the customer has the right to approach the Czech Trade Inspection Authority (COI), Stepanska 567/15, 120 00 Prague 2, www.coi.cz.

13. Final Provisions

The seller reserves the right to amend these T&C at any time. Customers will be notified of changes via a notice on the e-shop homepage. Changes do not apply to orders confirmed prior to their entry into force.

If any provision of these T&C is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The following documents form an integral part of these T&C and are all available at fcosme.com:

• Shipping Policy
• Returns & Refund Policy
• Privacy Policy
• Legal Notice

Herb-Pharma s.r.o. | náměstí Smiřických 38, 281 63 Kostelec nad Černými lesy, Czech Republic | Company No.: 175 34 909