Terms of service

TERMS OF SERVICE

French Bloom SAS, www.frenchbloom.com (Australian site)

Effective: 2 November 2026

These Terms of Service (the “Terms”) govern your use of the website www.frenchbloom.com (the “Site”) and your purchase of products from it. The Site is operated by French Bloom SAS, a French simplified joint-stock company (société par actions simplifiée) whose registered office is at 32 rue Washington, 75008 Paris, France, registered with the Paris Trade and Companies Register (RCS Paris) under number 884 108 119, VAT number FR19884108119 (“French Bloom”, “we”, “us”). We sell premium non-alcoholic sparkling beverages under the “French Bloom” brand, as well as other premium non-alcoholic beverages not necessarily manufactured by us (the “Products”), to consumers in Australia.

These Terms apply to anyone who accesses or uses the Site from Australia (the “User”, “you”, or the “Customer” when you place an order), whether or not you make a purchase. Part A applies to everyone who uses the Site. Part B applies when you buy Products. Part C applies to both.

By accessing or using the Site, you acknowledge that you have read these Terms and accept them. By placing an order, you also accept Part B. If you do not accept these Terms, you must stop using the Site. These Terms should be read together with our Privacy Policy.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“ACL”) or any other law that cannot be excluded.

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PART A: USING THE SITE

1. Definitions

• “Content”: all elements accessible on the Site (text, graphics, images, videos, data, layout, etc.);
• “Posts”: reviews, comments or other content that Users post on the Site.

2. Access to the Site

The Site is intended for adults. Access to the Site and the purchase of Products are reserved for persons who are at least eighteen (18) years old and have legal capacity.

All Content, offers and promotions presented on the Site are intended for lawful use. It is your responsibility to ensure that you comply with the laws that apply to you.

3. Licence to use the Site

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Site and its Content, solely for personal, non-commercial use.

This licence does not allow you to download, republish, reproduce, modify, distribute or commercially exploit all or part of the Site without our prior written consent. Any use that does not comply with these Terms results in the revocation of this licence.

4. Intellectual property

The Site, all of its Content (text, graphics, images, videos, layout, selection and arrangement of information) and the trade marks, logos and product formulations are the exclusive property of French Bloom or are licensed to it. They are protected by copyright, trade mark law and, where applicable, patent law, including under the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).

Any reproduction, representation, modification, publication, transmission or distortion, in whole or in part, of the Site or its Content, by any means whatsoever, without our prior written consent, is prohibited, except as permitted by law.

5. User account

Use of certain features may require you to create an account, linked to an email address and a password. You are responsible for the accuracy of the information you provide and for the confidentiality of your login details. You agree to inform us without delay of any unauthorised use of your account.

Providing false or inaccurate information, or using the Site for fraudulent or unlawful purposes, may result in suspension or termination of your access to the Site.

6. Acceptable use

You agree not to use the Site:

• for unlawful purposes or purposes not permitted by these Terms;
• in a way that may damage, overload or impair the operation of the Site;
• to circumvent the Site’s security measures, access data or systems without authorisation, or carry out any form of automated data extraction (data mining or scraping);
• to collect email addresses or personal information of other Users, or to send unsolicited commercial communications in breach of the Spam Act 2003 (Cth).

7. Content posted by Users

The Site may offer areas where Users can post reviews, comments or content. We may, without being obliged to, moderate, remove or refuse to publish any Post that we consider does not comply with these Terms or is unlawful, offensive or misleading.

You warrant that your Posts are original, do not infringe the rights of third parties, and are not unlawful, defamatory or misleading. You grant us a non-exclusive, free, worldwide licence to use, reproduce and distribute your Posts in connection with the operation of the Site, for editorial, commercial or promotional purposes. You may ask for a Post to be removed at any time by contacting us at the details in section 26.

You must not include any personal information about yourself or any third party in your Posts. We reserve the right to remove any Post containing such information.

If you see content on the Site that you believe is unlawful or harmful, please tell us at the details in section 26 and we will review it promptly. You can also report certain online content to the eSafety Commissioner (www.esafety.gov.au).

8. Third-party links and content

The Site may contain links to third-party sites. We have no control over these sites and, to the extent permitted by law, disclaim all liability for their content, availability or privacy practices. Access to these third-party sites is at your own risk.

9. Interruptions and changes to the Site

We may interrupt access to the Site at any time for maintenance reasons, without incurring liability for such unavailability, subject to applicable mandatory provisions, including the ACL.

We reserve the right to modify, suspend or discontinue all or part of the Site for legitimate reasons (for example technical, security or commercial reasons), giving Users reasonable notice where possible. This does not affect your rights in respect of orders already placed.

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PART B: BUYING PRODUCTS

10. Products

Product descriptions, including composition, nutritional information and place of manufacture, are provided on the Site and you should review them before ordering. Photographs and graphics are for illustration purposes. We take care to ensure they are accurate, but minor variations in packaging or presentation may occur.

11. Orders

11.1 Placing an order

To place an order, you:

• select Products and click “Add to cart”;
• review your cart and add or remove Products;
• click “Checkout”;
• log in or provide your contact details (email, delivery address, phone number) and, if applicable, enter a promotional code;
• select a delivery method and review the order summary, including any discounts and applicable GST;
• select a payment method and review the order before confirming;
• accept these Terms by ticking the checkbox and click “Confirm and pay”.

You will see an on-screen confirmation, and we will send you an email with your order number and summary once payment has been received. The contract is formed when we send that email. You can track your order on the Site.

11.2 Changes and cancellation

Once your order is confirmed, you may not modify or cancel it, except where you are entitled to a remedy under section 15 (Returns, Refunds and Consumer Guarantees) or under the ACL.

11.3 Availability

We will use reasonable efforts to fulfil your order as placed. If a Product becomes unavailable after your order is confirmed, we will notify you by email as soon as possible and refund the price of that Product within fourteen (14) days.

12. Price and payment

Prices are in Australian dollars (AUD) and include GST where applicable. Delivery costs are calculated and shown at checkout before you confirm your order.

We will provide a tax invoice or receipt on request or with your delivery.

Payment is due in full when you place your order. We accept:

• Visa, Mastercard and American Express;
• PayPal or Shop Pay.

No surcharge applies for any payment method.

We are not required to dispatch an order until payment has been received in full. If payment is declined or not received, the order will be cancelled automatically and no Products will be sent. We may refuse an order if the payment provider declines authorisation or if a previous order from you remains unpaid.

13. Delivery

We deliver within Australia by Australia Post to the address you provide. Estimated delivery times, counted from dispatch, depend on your delivery address:

Delivery costs depend on your delivery address and the weight of your order, and are shown at checkout before you confirm your order. Free delivery applies to orders of A$150 or more delivered to New South Wales (Express) or to regional areas (Standard).

We do not deliver to PO Boxes or outside Australia. Delivery times are estimates only. We will use reasonable efforts to meet them, and if your order is significantly delayed, you may contact us to cancel and receive a refund of the undelivered Products within fourteen (14) days.

We may split your order into several shipments.

Damaged or incorrect deliveries. Please check your parcel when it arrives. If a Product arrives damaged, defective or missing, contact us as soon as possible at ordersupport@french-bloom.com with photos or other evidence. We will provide a remedy in accordance with section 15. This does not limit your rights under the ACL.

Delivery failures. We are not responsible for failed or delayed delivery caused by an incomplete or incorrect address, refusal of the parcel, or the carrier being unable to access the address. If redelivery is needed for these reasons, we may charge you the reasonable redelivery cost.

14. Title and risk

Title to the Products passes to you once full payment has been received. Risk in the Products passes to you on delivery.

15. Returns, refunds and consumer guarantees

15.1 Your rights under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights apply regardless of any other policy in this section.

15.2 Faulty, damaged or incorrect Products

If a Product is faulty, damaged, not as described, or not what you ordered, contact us at ordersupport@french-bloom.comwith your order number and supporting evidence. We will offer you a refund, replacement or other remedy as required by the ACL, and we will bear the reasonable cost of returning the Product if a return is required.

15.3 Change of mind (voluntary policy)

In addition to your rights above, as a matter of French Bloom policy, you may request a return or exchange within fourteen (14) days of receiving a Product if it is unopened, in its original packaging and in good condition. Contact ordersupport@french-bloom.com to start a return, and we will tell you where to send the Product. The cost of return shipping is borne by us. Please keep proof of postage. Once we receive and inspect the return, we will refund you using the original payment method within fourteen (14) days. Products that are opened, used or damaged by the Customer are not eligible for change-of-mind returns and may be returned to you at your cost.

16. Digital gift cards

• Expiry: Digital Gift Cards are valid for at least three (3) years from the date of purchase.
• Delivery: Delivered by email only. No physical card will be sent.
• Use: Redeemable only on the Site by entering the code at checkout.
• Multiple use: May be used across several transactions until the balance reaches zero.
• Insufficient balance: Any shortfall must be paid by another accepted payment method.
• No fees: We do not charge any post-purchase fees (such as administration or activation fees) on Digital Gift Cards.
• No cash refund: Digital Gift Cards cannot be exchanged for cash, except where required by law (including where a remaining balance is below the minimum amount set by applicable state or territory law).
• Security: Please keep your code secure. We are not responsible for lost, stolen or fraudulently used codes, except as required by law.

17. The Club loyalty program

17.1 Purpose. “The Club” (the “Program”) is offered by French Bloom to registered customers. Members earn points through purchases and brand interactions and can convert points into discounts on future orders. Enrolment is free and requires no purchase. The Program operates on the Smile.io platform.

17.2 Earning points. Members may earn points by signing up, placing orders and engaging with our social channels, among other activities we may offer. We may change, add, suspend or end earning methods, and where this affects points a member has already earned, we will give reasonable notice.

17.3 Redeeming points. Points convert at a continuous rate of 100 points = A$1 off. The discount has no minimum order value, applies to one-time purchases only, and is issued as a unique code personal to the member that cannot be transferred, sold or assigned.

17.4 Expiry.

• Points: expire after twelve (12) consecutive months of account inactivity (no purchase or engagement). We will email you thirty (30) days before points expire.
• Discount codes: valid for twelve (12) months from issue. After that, the code expires and the underlying points are not reinstated.

17.5 Changes and termination. We may modify these Program terms, update the rewards, or end the Program by giving members reasonable written notice (by email or account notification). Points already earned remain usable on the terms that applied when they were earned. If the Program ends, members will have a reasonable period, advised at the time, to redeem remaining points. We may suspend or terminate participation, including cancelling points, in cases of fraud, abuse or misuse (such as multiple accounts or abnormal redemption patterns).

17.6 Technical issues. We are not liable for temporary technical faults or unavailability of the Program or the Smile.io platform, but we will take reasonable steps to restore access. This does not limit your rights under the ACL.

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PART C: GENERAL TERMS

18. Privacy

We collect and handle your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles. Because we are based in France, your information may be held and processed in France or the European Union, and may be disclosed to overseas recipients as described in the Privacy Policy. Your information may be shared with service providers involved in the operation of the Site, fulfilment, delivery, payment and customer service.

You have the right to request access to and correction of your personal information, and to make a complaint to the Office of the Australian Information Commissioner (OAIC), as described in our Privacy Policy.

19. Liability

The information available on the Site is provided for information purposes only and does not constitute personalised advice. We use reasonable means to ensure the accuracy of the information published on the Site, without guaranteeing that it is entirely free from error.

To the maximum extent permitted by law, and subject to your rights under the ACL, we are not liable for loss or damage arising from:

• misuse or alteration of a Product;
• use of a Product contrary to its labelling or intended use;
• events of force majeure;
• failures of the internet, servers, third-party systems, or external intrusion or viruses beyond our reasonable control;
• any other loss or damage that was not a reasonably foreseeable result of our breach of these Terms or of our negligence, or any indirect loss.

Where our liability for a failure to comply with a consumer guarantee under the ACL can lawfully be limited, our liability is limited, at our option, to resupplying the goods or services, or paying the cost of having them resupplied or supplied again.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for misleading or deceptive conduct, or for any liability that cannot lawfully be excluded or limited.

20. Force majeure

Neither party is in breach of these Terms for a delay or failure to perform (other than payment obligations) caused by an event beyond its reasonable control. The affected party will notify the other as soon as practicable and take reasonable steps to limit the impact. This does not limit your rights under the ACL.

21. Termination

We may suspend or terminate a User’s access to the Site, in particular in the event of a breach of these Terms, fraud or unlawful use of the Site, informing the User where possible and appropriate. You may stop using the Site at any time or ask for your account to be deleted by contacting customer service. Termination does not affect orders already placed.

22. Changes to the Terms

We may amend these Terms at any time. If we change these Terms, the version in effect on the date you place your order applies to that order. Users will be informed of any material change, within a reasonable time, by appropriate means (a banner on the Site, email). Continued use of the Site after the changes take effect constitutes acceptance of the new version, subject to your rights under the ACL and other law that cannot be excluded.

23. Complaints and amicable dispute resolution

In the event of a dispute or complaint, we invite you to contact us first at the details in section 26, so that we can try to resolve it amicably. This does not affect your right to bring a claim before the competent courts, or to contact your state or territory consumer protection agency or the Australian Competition and Consumer Commission (ACCC).

24. Governing law and jurisdiction

These Terms, as they apply to Users and Customers in Australia, are governed by the laws of New South Wales, Australia. You and French Bloom submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. Mandatory consumer protection provisions remain unaffected. The Program in section 17 is governed by the same law.

25. General provisions

Language. These Terms are written in English. Versions in other languages may be made available for information purposes; in the event of any discrepancy, the English version prevails.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

No waiver. Our failure at any time to rely on a provision of these Terms does not constitute a waiver of our right to rely on it later.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and French Bloom regarding the use of the Site and the sale of Products, and replace any previous version.

Intellectual property of the Site. All content on the Site is owned by or licensed to French Bloom. You may not reproduce, distribute or use it without our prior written consent, except as permitted by law.

26. Contact

French Bloom SAS
32 rue Washington, 75008 Paris, France
Email: ordersupport@french-bloom.com
RCS Paris 884 108 119, VAT number FR19884108119

For any question about these Terms, or for any complaint, contact us by email or by post at the details above.