User Agreement
This agreement (hereinafter referred to as the "Agreement") constitutes a public offer by KOMETAC GmbH (hereinafter referred to as the "Company" or "KOMETAC"), addressed to users, and sets forth the rights and obligations of the User and the Company regarding the use of materials and services provided on the website https://farfalia.com
By using the functionalities of the Website, the User acknowledges that they have read this Agreement and its terms, and confirms their full and unreserved acceptance thereof.
Should the User disagree with any of the terms of the Agreement, they shall not have the right to use the Website and undertake to cease its use immediately.
The Company reserves the right to amend and/or supplement this Agreement without prior notice to the User in connection with changes to the Website’s functionalities, as well as in the absence of such changes. The User undertakes to independently monitor any amendments to the Agreement. The Company shall bear no liability for any losses incurred by the User as a result of a failure to review the text of this Agreement and amendments hereto in a timely manner.
The subject matter of this Agreement is the provision of access to the Website to the User for the following purposes:
1.1.1. Informing the User about the offered services, payment methods, and providing access to other information;
1.1.2. Accessing and using the content on a gratuitous basis, subject to compliance with intellectual property legislation;
1.1.3. Providing the opportunity to obtain a preliminary cost estimate for goods and services;
1.1.4. Offering goods on the KOMETAC B2C platform;
1.1.5. Accessing and using the Personal Account;
1.1.6. Other types of services offered on the web pages of the Website.
1.2. The Agreement covers all currently existing (effectively functioning) services of the Website, as well as any subsequent modifications thereof and additional Website services that may be introduced in the future.
1.3. The Company provides the Website and the Website's software to the User on an "as is" basis, without any additional warranties.
1.4. Relations concerning the provision of agency services for remuneration shall be governed by the respective offer (Offer or Agency Agreement) on the Website.
1.5. The use of specific Website services may be governed by special conditions constituting an integral part of the Agreement in the form of a separate document, rules, instructions, guidelines, and/or clarifications published directly on the Website. In the event of a discrepancy between the terms of this Agreement and the special conditions, the special conditions shall prevail.
1.6. Each Party warrants to the other Party that it possesses all necessary and sufficient rights and authority to enter into and perform this Agreement in accordance with its terms.
1.7. Terms and Definitions
1.7.1. KOMETAC Platform – a hardware and software complex in the form of the website https://farfalia.com (across all domain name levels), the services and functions of which provide Users with the opportunity to order, at their own expense and for remuneration, the execution by the Platform Owner of legal and other actions aimed at organizing the conclusion of retail sale and purchase contracts, international carriage and customs clearance, delivery to the address of the User or a recipient designated by the User (hereinafter referred to as the "Recipient"), and handover to the User or a person designated by them of the Goods sold by Sellers and selected by the User for personal, family, domestic, household, and other needs not related to entrepreneurial business activities, as well as other necessary actions for the release of the Goods into free circulation (hereinafter referred to in this Agreement and other documents posted on the Platform as "Actions", "Instruction", "Order").
1.7.2. Platform Owner – Kometac GmbH, VAT ID: DE274208423, Commercial Register (Registry Court: Amtsgericht Hanau — HRB 94762), which, on the basis of law, contract, or other lawful grounds, holds the rights to use the domain and the website https://farfalia.com, and which acts as an Agent under the Agreement with the User, who acts as the Principal under the Agreement, and is authorized by the latter to execute the Instruction.
1.7.3. Platform User (hereinafter referred to in this Agreement and other documents posted on the Platform, as well as in the information posted directly on the Platform, as the "User", and in the Agency Agreement as the "Principal") – any natural person who uses the Platform to order Actions by the Platform Owner on the Platform concerning the Goods of interest to the User and who authorizes the Platform Owner to execute the Instruction concerning the Goods of interest to the User.
1.7.4. Website – the website located on the Internet at https://farfalia.com.
GENERAL CONDITIONS OF USE OF THE KOMETAC B2C PLATFORM
2.1. The following conditions govern the offer of products on the KOMETAC B2C platform. Users must ensure that they have read the rules relating to this section, the Privacy Policy, and the Cookie Policy, and have consented to the processing of personal data.
2.2. The KOMETAC B2C platform (hereinafter referred to as the "Platform") is a service providing Users with the opportunity to order the execution of legal and other actions aimed at organizing the conclusion of retail sale and purchase contracts for goods, organizing international carriage, customs clearance, delivery to the address of the User or a person designated by them (hereinafter referred to as the "Recipient"), and the handover to the User or a person designated by them of the Goods sold by Sellers and selected by the User for personal, family, domestic, household, and other needs not related to entrepreneurial business activities, as well as other necessary actions for the release of the Goods into free circulation. Kometac GmbH (hereinafter referred to as the "Platform Owner", the "Agent") IS NOT the Seller of the Goods, IS NOT an aggregator of information regarding goods (services), IS NOT an online store or a marketplace, does not sell the Goods on its own behalf, IS NOT an importer of the goods, but acts as an Agent on the basis of an Agency Agreement (Offer) posted on the Website, upon the instructions of Users (Principals).
2.3. All information concerning the Goods posted on the Platform is for informational purposes only, is indicative, and may differ from the actual characteristics of the Goods as specified by the manufacturer. The posting of this information does not constitute a public offer for the sale of the Goods on the specified terms; information regarding the Goods is provided as a sample. By issuing an Instruction for the organization of the actions specified in clause 1.1.1 regarding any Goods, information about which is posted on the Platform (placing an Order), the User thereby acknowledges that they have verified the product nomenclature, assortment list, and precise characteristics (including limitations on the operation of certain functions of the goods, or limitations on warranty service) of the Goods subject to the Instruction to the Platform directly with the manufacturer of the respective Goods, and agrees to such conditions and characteristics. The country specified in the product card serves as an indicative place of purchase. The Platform reserves the right to decide to purchase the goods in a different country not specified in the product card.
2.4. A claim of ignorance of the terms of this Agreement shall not constitute grounds for violating the interests of the Platform and/or the Platform Owner or other persons. All actions performed by the User on the Platform are deemed to be the actions of a person who has read and unconditionally accepted the terms of this Agreement.
2.5. The use of the functional capabilities of the Platform is permitted only after the User has successfully completed registration and authorization on the Platform.
By commencing the use of the website https://farfalia.com, completing the registration procedure, or placing an Order on the Platform, the User is deemed to have accepted the terms of this Agreement in full, without any reservations or exceptions. Should the User disagree with any provisions of this Agreement, the Personal Data Processing Policy, the Agreement, or other documents posted on the Platform, the User shall not have the right to use the website https://farfalia.com and the Platform. If any amendments are made to this Agreement or any other document posted on the Platform to which the User disagrees, they are obliged to immediately cease using the Platform and/or the Website. The User shall independently monitor any amendments to this Agreement posted on the Platform.
3. GENERAL PROVISIONS
3.1. This section contains information on the conditions for using the Platform and the terms governing the provision of services between the Company and the Users.
3.2. The subject matter of this Agreement is the relationship between the Company and the Internet user (the User), hereinafter collectively referred to as the "Parties", arising in connection with the use of the Platform located on the Website, including all levels of the specified domain, under the conditions set forth in this Agreement.
3.3. The Agreement enters into force upon the User’s expression of consent to its terms and remains valid for an indefinite period until terminated in accordance with the procedure stipulated in this Agreement. The Platform Owner offers Users access to the Platform, its services, and functionalities, including tools for placing an Instruction and other services provided by the Platform.
3.4. All currently existing functionalities of the Platform, as well as the addition of new services, are governed by this Agreement, the terms of contracts and agreements concluded between the User and the Platform Owner, and the Information posted on the Platform, provided their subject matter is related to the User’s use of the Platform. The terms may be amended by the Platform without any specific notice; the new version of the Agreement shall enter into force from the moment it is published on the Platform, unless otherwise provided by the new version of the Agreement. A link to the current version of the Agreement is always available on the Platform's homepage.
3.5. For the purposes of this Agreement, a User is both a person who has completed the registration procedure on the Platform, resulting in the creation of a Personal Account (account), and a person accessing the functionalities of the Platform, the contact center employees of the Platform, or communicating with the Platform via email, fax, the Contact Center, online chat, or other means of communication, including when placing an Instruction.
3.6. By using the Platform, any functionality of the Platform, and/or any service and/or its specific features, the User is deemed to have accepted the terms of the current Agreement in full, without any reservations or exceptions. Should the User disagree with any provisions of the Agreement, the Contract, or the Personal Data Processing Policy, the User shall have no right to use the Platform. If the Platform has introduced any amendments to the Agreement in accordance with the procedure set out in this clause to which the User disagrees, they are obliged to immediately cease using the Platform.
3.7. The functionality of the Platform is provided to the User free of charge, unless expressly stated otherwise. The provision of specific services by the Platform, including the placement of an Instruction/Order, is not included in the free functionality and is governed by special agreements and/or rules/Information posted on the Platform, in particular, the Agency Agreement (Offer).
4. USER ACCOUNT
4.1. To gain access to all the features and functionalities of the Platform and/or to submit an Instruction, an individual must undergo a registration procedure by performing a sequence of actions to complete a specific electronic registration form; as a result, such an individual becomes a registered User, a unique account will be created for such User, and the User will receive a login and password to use the functionality of the Platform.
4.2. Registration – a set of actions performed by the User in accordance with the instructions provided on the Platform, including the provision of data and other information, executed when placing an Order (Instruction) on the Platform for the first time or directly using a special registration form in the Platform's user interface, aimed at gaining access to various functionalities of the Platform and creating a Personal Account.
4.3. One unique account may be created per User. The creation of more than one account for a single individual constitutes a material breach of this Agreement.
4.4. Once the registration process for a new User in our system is completed, the User may place their order directly on our platform. The User agrees to accept the prices, product descriptions, and the applicable General Terms and Conditions.
5. GENERAL CONDITIONS FOR PLACING AN ORDER
5.1. The Platform is intended for the purposes set out in this Agreement.
5.2. By placing an Order (issuing an Instruction) on the Platform, the User enters into a contractual relationship with the Platform Owner within the framework of the Agency Agreement. All actions necessary for the execution of the Instruction, as well as the collection of payment, are performed directly by the Platform and are governed by the Agency Agreement.
5.3. Mutual financial settlements with the Seller for the Goods are executed by the Platform on its own behalf upon the instruction of the User.
5.4. Prior to placing an Order, the User undertakes to familiarize themselves with all the operational conditions of the Platform, the terms of the Agency Agreement, and the Personal Data Processing Policy. Evident errors, including typographical errors, in the product descriptions posted on the Platform shall not be legally binding. All information concerning the Goods posted on the Platform does not belong to the Platform, and the Platform (Platform Owner) bears no liability for the content of this information.
5.5. The placement of an Order on the Platform constitutes the full and unconditional consent of the User to all the terms, including essential terms, of the Agency Agreement and this Agreement.
5.6. By placing an Order, the User understands and agrees that the Platform Owner may delegate the execution of the Agreement to third parties (sub-agents, carriers, customs representatives) while remaining liable for its execution to the User.
6. GENERAL CONDITIONS OF THE PRICING POLICY
6.1. Retail prices on the KOMETAC website do not include Value Added Tax (VAT). Both shipping costs and any potential additional fees are calculated and added at the end of the checkout process.
6.2. Prices indicated on the KOMETAC platform are subject to fluctuation without prior notice, as are the technical specifications.
6.3. If a User places an order for products with an incorrect price, KOMETAC will contact the User and communicate the correct price; in such an event, KOMETAC will await confirmation of the User's acceptance of the correct price prior to processing the order.
7. GENERAL CONDITIONS REGARDING PAYMENT METHODS
7.1. The User may make payments by credit or debit card, bank transfer, or via PayPal.
7.2. To enhance the user experience, KOMETAC reserves the right to activate a billing agreement via PayPal, provided the User selects this payment method.
8. GENERAL CONDITIONS OF DELIVERY (TRANSPORTATION)
8.1. We can execute worldwide delivery (excluding sanctioned countries). Our freight transport partners include: UPS, DHL, FedEx, and other postal services. The average delivery time across Europe is 5-10 business days. Delivery times are approximate. Actual delivery times should be verified on the websites/resources of the transport companies/postal operators.
8.2. Delivery of goods is executed to the address specified by the User.
8.3. Delivery times are indicated on the Website. They may vary depending on the chosen payment method and the volume of goods ordered.
8.4. KOMETAC offers several delivery options. Their availability depends on the final destination and the type of goods being dispatched.
8.5. Precise delivery times depend on the destination and the chosen delivery option.
8.6. The specified timeframes are indicative and are not legally binding. Any delay in the delivery time shall not entitle the User to claim direct or indirect damages, cancel the order, or suspend the fulfillment of any obligation, particularly payment.
8.7. KOMETAC shall not be held liable for complete or partial failure to fulfill, or delay in fulfilling, its obligations to the User if caused by an unforeseeable event (force majeure) that equally affects KOMETAC, its suppliers, or carriers. Such events include strikes, severe weather disturbances, the absence or impossibility of obtaining products from the manufacturer, etc.
8.8. It is strongly advised not to order multiple goods of the same type in a single parcel. Customs authorities may classify the parcel as a commercial consignment in accordance with the criteria established by Customs Legislation. Such parcels are not eligible for customs clearance and will be annulled; in such cases, the Platform (Platform Owner) bears no liability for the actions of customs authorities and shall not reimburse the User for any losses or expenses (including not refunding the purchase price of the Goods).
8.9. The User undertakes to independently familiarize themselves with the rules of import and customs clearance, customs restrictions, including the list of goods prohibited for import, as well as sanctions restrictions. By placing an Order, the User confirms that they are acquainted with customs regulations (including those relating to goods prohibited for import) and sanctions restrictions, and bears full liability in the event of the Platform Owner's inability to execute the User's Instruction due to non-compliance with customs legislation or sanctions restrictions, and shall indemnify the Platform Owner against all resulting losses and expenses.
8.10. Upon the placement of an Order (Instruction), it is impossible to alter the User's data without their written request and the provision of corroborating documents. The Platform Owner does not have the right to arbitrarily alter the recipient's data. Therefore, for customs clearance purposes, it is imperative to provide information specifically concerning the individual under whose name the order was placed. If such personal data is not provided, the order will be subject to re-export, with the obligation to reimburse all expenses and losses borne entirely by the User.
9. DELIVERY AND RETURN OF GOODS
9.1. The execution of the User's Instruction is carried out under the conditions set forth in this Agreement, the Agency Agreement, and in accordance with the information posted on the Platform. The time period automatically determined by the Platform as the execution period for the Instruction (delivery time) is indicative and may be extended upon the occurrence of circumstances preventing the execution of the Instruction within such a timeframe. If the User, upon delivery of the goods to the location designated by the User, fails to receive the Order within the storage period specified in the Personal Account or in a notification sent via SMS or Push message or otherwise communicated, or following two courier delivery attempts, the Platform Owner shall be entitled to issue an invoice to the User for additional services in the form of storage or additional courier visits exceeding the timeframes established by the Platform, or for each subsequent courier visit according to the tariffs of the respective courier service handling the delivery and/or storage; furthermore, handing over the Order prior to the User paying the aforementioned invoice may be refused until the Platform receives the funds, according to the issued invoice, in full, without any civil liability measures being applicable against the Platform (Platform Owner).
9.2. The Platform shall be liable for any loss or damage to the Goods and/or the Shipment occurring after its acceptance for carriage and prior to its handover to the Recipient exclusively due to circumstances for which the Platform is strictly responsible. The Platform shall not be liable for any damage, loss, or delay in fulfilling the obligations assumed under the Agreement if caused by circumstances beyond the Platform's reasonable control (force majeure).
Such circumstances include, inter alia:
Natural disasters, namely: earthquakes, cyclones, storms, floods, fog, fires, etc.;
Force majeure events, namely: acts of war, aircraft crashes, vehicle accidents, embargoes, epidemics, pandemics, mutinies or riots, strikes, etc.;
Any defects or characteristics inherent to the nature of the Shipment, even if disclosed by the User;
Any acts or omissions of persons not employed by or acting as sub-agents of the Platform, namely: the User, the Recipient, a third party (including the Seller, in particular, failure by the Seller to comply with Goods packaging requirements), or public officials;
Provision to the Platform/third party engaged by the Platform for the delivery of the Shipment of hazardous/prohibited items for delivery (forwarding);
Adverse effects of electric or magnetic fields on electronic or photographic images, data, or records, or their erasure;
Failure by the User to comply with the conditions established by this Agreement or the Contract;
Absence of external damage to the packaging of the Goods, or external damage to the packaging not corresponding to the nature of the damage to the Goods;
The fact of damage to the Shipment being associated with non-compliance with a specific temperature regime, normative leakage, loss of weight or volume, or normative wear and tear, spontaneous combustion, fermentation, putrefaction, aging, shrinkage, corrosion, and other natural properties of the contents of the Shipment;
The fact of loss or damage to the Goods (or part of the contents) being established after the receipt of the Goods by the User/Recipient, including instances where a bilaterally signed Discrepancy Report on identified defects of the Goods was not drawn up upon receipt of the Goods by the User and the representative of the Platform (courier delivery service);
Changes to the date/address of receipt of the Goods initiated by the User/Recipient;
Damages caused to the User not related to the fulfillment of the Platform's obligations to execute the Instruction (inadequate quality of the contents, size, color, model, assortment of the contents, etc.).
9.3. At the moment of receipt and acceptance of the goods, it is the responsibility of the recipient to verify whether the goods correspond to the original order and whether the details on the invoice are correct, as well as to ensure the integrity of the condition, documentation, and packaging. In the event of any visible marks indicating potential damage to the goods, it is the responsibility of the recipient to note this on the transport waybill (digital or paper) and indicate that the goods are damaged. If the goods are accepted without doing so, any subsequent claims by the final consumer and/or the User shall be rendered legally invalid.
9.4. In the event of damaged packaging, the User is obliged, immediately upon receipt of the Goods, to request the employee carrying out the delivery or handover of the Goods to participate in an inspection of the contents and to draw up a Bilateral Report in the form established by the Platform Owner. If a shortage or damage to the goods is discovered upon acceptance, the User and the representative of the Platform Owner (courier service) shall record the identified discrepancies in the Report. If the Report is not drawn up and signed by the representative of the Platform upon handing over the Goods to the Recipient, or if the Report lacks an indication of damage to the packaging of the Goods, the Goods shall be deemed to have been handed over in proper condition, without any breach of integrity or other packaging violations capable of causing damage to the Goods, and the Platform shall be deemed to have duly fulfilled its obligations regarding the execution of the Instruction concerning the respective Goods. User claims will not be accepted subsequently. A scanned copy of the Report, if drawn up, shall be sent by the User directly to the Platform. Failure to draw up the Report upon acceptance of the Goods by the User (including upon acceptance by the Recipient without inspecting the external appearance of the packaging and opening the Shipment packaging) shall exempt the Platform, or third parties engaged by the Platform to execute the relevant Instruction of the User, from any liability for any defects/loss/damage to the Goods.
9.5. Claims regarding the quality, quantity, completeness, weight, appearance, characteristics (both functional and external), and other properties of the Goods shall not be accepted by the Platform. The aforementioned claims must be directed straight to the Seller. The Platform may, but is not obliged to, assist the User in communicating with the Seller.
9.6. The return of Goods of both inadequate and adequate quality to the Seller shall be carried out independently and at the expense of the User, unless otherwise provided by the Seller's rules. The Platform does not participate in the process of returning Goods to the Seller and reserves the right to refuse the User should they attempt to return the Goods to the Platform's address.
10. GENERAL CONDITIONS OF THE PRIVACY POLICY
10.1. KOMETAC recognizes the importance of protecting the privacy and rights of its customers and guarantees that their data will be used appropriately and in strict compliance with applicable legislation.
10.2. Upon registering on the KOMETAC website, the User expressly consents 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, delivery of ordered products, and communication regarding orders, returns, cancellations, payments, and invoicing.
We also guarantee that the email addresses provided will not be shared with third parties and will be used solely for communication purposes, as well as for distributing promotional materials relating to our business operations.
10.3. The complete terms of the Privacy Policy can be accessed via the link on our Website.
11. PROPRIETARY RIGHTS
11.1. This website is the sole property of KOMETAC, encompassing all rights to its content, images, texts, design, and software. All elements of this website are protected by Intellectual Property laws, with particular reference to copyright law. These rights are fully reserved. Unless expressly stated otherwise, all elements of the website are the property of KOMETAC and are protected by national and international copyright laws, and may not be utilized outside the conditions stipulated in this "General Conditions" section without prior written permission.
11.2. Except where expressly permitted by KOMETAC, it is strictly prohibited to reproduce, transmit, or exploit the content of this website in any manner whatsoever.
11.3. KOMETAC bears no liability for infringements of the rights of third parties—visitors—resulting from the improper use of materials on the platform. Visitors are not granted economic exploitation rights to licenses, technologies, products, processes, or other proprietary rights over KOMETAC materials mentioned on the website.
12. APPLICABLE JURISDICTION AND LAW
12.1. These General Conditions shall be governed by and construed in accordance with the applicable laws of Germany.
12.2. In the event of a dispute, the parties submit to the exclusive jurisdiction of the German courts.
