Terms and Conditions

1. The Agreement

These Terms constitute a legally binding agreement made between you and Fragencia, concerning your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

2. Services

Fragencia provides custom fragrance development services for luxury hotels, including but not limited to:

• Custom fragrance creation and development
• Luxury bottles and dispensers
• Premium packaging solutions
• Scent branding consultation

Our services are intended for business clients and are subject to a separate service agreement. Any information provided on the Site about our services is for general informational purposes only and does not constitute a binding offer.

We make every effort to display as accurately as possible the services that we offer. However, we do not guarantee that the descriptions or other content of the Site are accurate, complete, reliable, current, or error-free.

All services are subject to availability. Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue any service (or any part or content thereof) without notice at any time.

3. Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, international conventions, and other countries.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

4. User Representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these Terms;
• You will not use the Site for any illegal or unauthorized purpose;
• Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Use any automated system, including but not limited to robots, spiders, offline readers, etc., to access the Site in a manner that sends more request messages to the Site servers than a human can reason ably produce in the same period of time by using a conventional on-line web browser.
• Use the Site in any manner that may disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Delete the copyright or other proprietary rights notice from any Content.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

6. Purchases and Payment

We offer customized fragrance development services for luxury hotels. Due to the bespoke nature of our services, pricing is customized based on the specific requirements of each project.

All services provided by Fragencia are subject to a custom quotation process. After your initial consultation, we will provide a detailed proposal outlining the scope of work, deliverables, timeline, and pricing.

Unless otherwise agreed in writing, payment terms are as follows:

• 50% deposit upon approval of the proposal and signing of the service agreement
• 50% final payment upon delivery of the completed products

All payments must be made in the currency specified in the invoice. Payment methods accepted include bank transfer and credit card.

Clients are responsible for all applicable taxes, including VAT where applicable. For Swiss clients, VAT will be added to the invoice at the current rate. For international clients, local tax regulations may apply.

7. Refund Policy

• Cancellation before work has commenced: Full refund of the deposit minus an administrative fee of 5%
• Cancellation after work has commenced but before concept presentation: 50% of the deposit may be refunded at our discretion
• Cancellation after concept presentation: No refund of the deposit

We are committed to client satisfaction. If you are not satisfied with the concepts presented, we will work with you to revise and refine the concepts at no additional charge as specified in the service agreement. However, once you have approved a concept for production, changes may incur additional fees.

If any products delivered do not meet the agreed specifications or quality standards, we will replace or refund the affected products at our discretion. Claims must be submitted within 14 days of receipt.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Fragencia, its directors, employees, agents, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Site;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site; and
• Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Notwithstanding the foregoing, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us for the services during the period of 3 months prior to any cause of action arising.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the Site;
• Your breach of these Terms;
• Any breach of your representations and warranties set forth in these Terms;
• Your violation of the rights of a third party, including but not limited to intellectual property rights; or
• Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

10. Term and Termination

These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of Switzerland applicable to agreements made and to be entirely performed within Switzerland, without regard to its conflict of law principles.

Any legal action of whatever nature brought by either you or us (collectively, the "Parties") shall be commenced or prosecuted in the courts located in Zurich, Switzerland, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any formal proceedings.

12. Changes to Terms

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

13. Contact Information

Questions about the Terms should be sent to us at:

• Email: info@fragencia-hotels.com

This document was last updated on March 10, 2025.