Terms of sale

TERMS OF SALE

French Bloom — www.frenchbloom.com (EU site)

Effective: 2 November 2026

These terms of sale (the “Terms”) set out the conditions under which French Bloom, 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 under number 884 108 119 (the “Seller”), supplies to consumers (the “Customers”) premium non-alcoholic sparkling beverages manufactured by it under the “French Bloom” brand and offered for sale by the Seller, as well as other premium non-alcoholic beverages that the Seller does not necessarily manufacture (the “Products”), on its website at https://www.frenchbloom.com (the “Site”).

The contractual relationship between the Seller and the Customers is governed exclusively by these Terms. These Terms apply as of right, without restriction or reservation, to all sales concluded by the Seller with Customers.

Any order for Products implies the Customer’s unreserved acceptance of these Terms, which prevail over any other conditions.

These Terms are accessible at any time on the Site and shall prevail, where applicable, over any conflicting document. These Terms may be amended at any time, subject to reasonable notice. The version applicable to a Customer’s order is the version in force on the Site on the date the order is placed.

1. Customer Information

The Customer acknowledges having been provided, in a legible and understandable manner, with these Terms and the information listed in Articles L.111-1, L.111-2 and L.221-5 of the French Consumer Code.

In particular, the Customer acknowledges having reviewed the essential characteristics of the Products before purchase.

2. Products

The Products and their essential characteristics, including their composition, nutritional information and place of manufacture, are described on the Site. The Customer must review this information before placing an order.

Photographs and graphics shown on the Site are not contractually binding and cannot engage the Seller’s liability.

3. Orders

3.1 Placing an Order

Only persons with legal capacity who are at least eighteen (18) years old at the time of the order may purchase on the Site. Each Customer represents that they meet these conditions and agrees to indemnify the Seller against any claim made against it in this respect.

The Customer orders the Products they wish to buy on the Site as follows:

The Customer selects the Products they wish to order by clicking “Add to cart”;
The Customer reviews their cart by clicking “Open cart”, and may add or remove Products;
The Customer validates the cart by clicking “Proceed to payment”;
If not already logged in when placing the order, the Customer identifies themselves or, failing that, provides their contact details (email address, shipping address and phone number). On this page, the Customer can (i) enter a promotional code, if any, and (ii) view a summary of their cart, including applied promotions;
By clicking “Continue to shipping”, the Customer is asked to choose the delivery method for the Products they wish to order. On this page, the Customer can again (i) enter a promotional code, if any, and (ii) view a summary of their cart, including applied promotions;
To move on to the next step, the Customer clicks “Continue to payment”, which takes them to the “Payment” page where they select their payment method. The Customer can then check the details of their order and its total price, and correct any errors before confirming. It is the Customer’s responsibility to check that the order is accurate and to report or correct any error immediately;
To definitively confirm their order and pay, the Customer must (i) read and accept these Terms by ticking the checkbox provided and (ii) click “Confirm my order and pay”. An order is registered on the Site when the Customer has read and accepted these Terms by ticking the checkbox and validates the order. This validation constitutes acceptance of these Terms in full;
Once the Customer has accepted the Terms, validated and paid for the order, they are automatically redirected to a page of the Site where the Seller confirms that the order has been placed. At the same time, without delay and once the Seller has collected the full price, the Customer receives an email from the Seller acknowledging receipt of the order, with an order number and a summary of the order.

Any order placed and validated by the Customer and confirmed by the Seller under the conditions described above constitutes a distance contract between the Customer and the Seller.

The Customer can track the progress of their order on the Site.

3.2 Order Modification and Cancellation

Once confirmed and accepted by the Seller under the conditions described above, an order cannot be modified or cancelled, except where the right of withdrawal is exercised under the conditions set out in Article 7.

3.3 Product Availability

The Seller will use its best efforts to meet the Customer’s requirements as specified in their order. Nevertheless, errors or changes may exceptionally occur, in particular where several Customers order the same Product simultaneously. Accordingly, if Products become unavailable after the order is confirmed, the Customer will be informed by email as soon as possible and will be refunded the price of the Products within fourteen (14) calendar days of the date the sums concerned were paid.

The Seller shall not be liable for stock shortages or unavailability of Products for orders not yet accepted by the Seller.

4. Price and Payment

4.1 Products are sold at the prices in force on the Site when the Customer places the order. Prices displayed are in euros, inclusive of all taxes (at the VAT rate applicable in France on the date the Seller validates the order), and exclude delivery costs. Delivery costs are charged in addition, under the conditions shown on the Site, as calculated and communicated before the order is placed.

4.2 The Seller undertakes to issue an invoice and to give it to the Customer upon delivery of the ordered Products.

4.3 The price is payable in cash, in full, when the Customer places the order, by secure payment, as follows:

by bank card: Visa, Mastercard, American Express; and
by PayPal or Shop Pay.

The Seller is not required to deliver the Products ordered by the Customer if the Customer has not paid the full price under the conditions set out above. Payments made by the Customer are considered final only once the Seller has actually collected the sums due. If the price is not collected when the order is placed, the sale will be terminated automatically and without formality, and no Products will be delivered.

In addition, whatever the payment method chosen, the Seller reserves the right to refuse any order or delivery in the event of (i) refusal of payment authorisation by the bank or (ii) total or partial non-payment of a previous order by the Customer.

5. Delivery and Receipt of Products

5.1 The Products ordered by the Customer will be delivered by an independent carrier, within the periods set out below from acceptance of the order, to the address given by the Customer when ordering on the Site:

Mainland France: 3 to 5 business days;
Corsica: 4 to 6 business days;
Monaco: 4 to 6 business days.

Deliveries are made to the following countries, to the exclusion of any other territory:

Mainland France, Corsica and Monaco - Belgium - Germany - Greece - Luxembourg - Netherlands - Austria - Italy - Portugal - Spain - Ireland - Sweden - Denmark - Andorra - Croatia - Hungary - Poland - Cyprus - Malta - Romania

The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the periods stated above. However, these periods are given for information only. If the ordered Products have not been delivered within seven (7) days after the indicative delivery date, for any reason other than force majeure or the Customer’s own act, the sale may be terminated at the Customer’s written request, sent by registered letter with acknowledgement of receipt to: French Bloom SAS, 32 rue Washington, 75008 Paris. The sums paid by the Customer will be refunded no later than fourteen (14) days after the date the contract is terminated, with no entitlement to compensation.

5.2 The Seller may make partial deliveries on different dates.

5.3 Delivery costs vary depending on the delivery method selected by the Customer:

DPD PREDICT

France

DPD PREDICT - 3 to 5 business days, orders from €0 to €49.99 - €9.90
DPD PREDICT - 3 to 5 business days, orders of €50 and above - Free

DPD CLASSIC

Germany, Belgium, Luxembourg, Netherlands

DPD Classic - 3 to 5 business days, orders from €0 to €150 - €9.90
DPD Classic - 3 to 5 business days, orders of €150 and above - Free

Portugal, Spain, Czech Republic, Austria, Italy, Poland

DPD Classic - 3 to 5 business days, orders from €0 to €150 - €9.90
DPD Classic - 3 to 5 business days, orders of €150 and above - Free

Denmark, Ireland, Sweden, Andorra, Croatia, Estonia, Hungary, Latvia, Lithuania, Slovakia, Slovenia

DPD Classic - 3 to 5 business days, orders from €0 to €150 - €12.90
Free delivery: YES, from €150

Bulgaria, Greece, Romania, Finland, Norway

DPD Classic - 3 to 5 business days, orders from €0 to €28.00 (all orders, 3 to 5 business days)
DPD Classic - 3 to 5 business days, orders of €150 and above - Free

Cyprus, Malta

DPD Classic - 3 to 5 business days - €90.00 (all orders)
Free delivery: NO

Monaco

DPD Classic - 3 to 5 business days, orders from €0 to €149.99 - €19.00
DPD Classic - 3 to 5 business days, orders of €150 and above - Free

5.4 The Customer must check the condition of the Products’ packaging upon delivery. The Customer must raise any reservations and claims they consider necessary, or even refuse the parcel, in particular where the parcel is visibly damaged on delivery, and do so before opening it. Such detailed reservations and claims must also be noted with the delivery person and, in parallel, sent to the carrier by registered letter with acknowledgement of receipt within three (3) business days of the date the Products are delivered. Failure to make a claim within the above period extinguishes any action against the carrier, in accordance with legal provisions.

5.5 In addition to the procedure set out in Article 5.4 of these Terms, the Customer must also check the condition of the Products ordered and delivered once opened. The Customer has seventy-two (72) hours from delivery to raise any reservations or claims for non-conformity or apparent defect in the delivered Products (damage, broken item, missing item, etc.), together with all supporting documents. This claim must be made by registered letter with acknowledgement of receipt (French Bloom SAS, 32 rue Washington, 75008 Paris). After this period, and if these formalities have not been complied with, the Products will be deemed conforming and free of any apparent defect, and no claim may validly be accepted by the Seller.

The Seller will refund the Customer as soon as possible for the price of delivered Products whose non-conformity has been duly proven by the Customer.

5.6 In the event of an incomplete or inaccurate address, refusal of the parcel by the recipient, or missing information making delivery impossible, the Seller cannot be held liable for the quality and/or timing of delivery. If the Seller is required to arrange a second delivery attempt to the recipient, the Seller may charge the Customer the corresponding costs for that second delivery.

6. Transfer of Ownership and Transfer of Risk

6.1 Ownership of the Products passes to the Customer only after the Customer has paid the price in full, regardless of the delivery date of the Products.

6.2 All risks relating to damage that the Products may suffer or cause, for any reason whatsoever, including the risks of loss, theft, destruction and deterioration, are borne by the Customer from delivery of the ordered Products.

7. Right of Withdrawal

7.1 In accordance with applicable law, the Customer has fourteen (14) days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to give any reason or pay any penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within a reasonable time, and no later than fourteen (14) days after communicating their decision to withdraw. In accordance with Article L.221-19 of the French Consumer Code, if the withdrawal period would normally expire on a Saturday, Sunday or public or non-working holiday, it is extended to the next business day.

7.2 In accordance with Article L.221-28 3° of the French Consumer Code, the Customer cannot exercise the right of withdrawal for a Product that they have personalised. No exchange or refund may be claimed for Products personalised by Customers.

7.3 A Customer wishing to exercise their right of withdrawal must return the Products within the period stated in Article 7.1 above, in their original packaging, complete (packaging, accessories, instructions, etc.) and unused, using the form available [HERE].

7.4 Returned Products must be sent to the address that will be provided by the Seller. The Customer undertakes to keep the proof of dispatch of the parcel given to them by the carrier.

Return costs are borne by the Seller, and the risks relating to the return of the Products are borne exclusively by the Customer. The Seller cannot be held liable in cases of loss, theft or damage of the parcel.

7.5 Subject to compliance with the conditions set out above, the Seller will refund the Customer the sums paid by them for the purchase of the returned Product(s), as well as the delivery costs they have borne, within a maximum of fourteen (14) days of receipt of the Product. The Seller will refund using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to a different means.

If the conditions set out in Articles 7.1 to 7.4 are not met (for example, where Products that are visibly used or damaged by the Customer are returned), the returned Products will be sent back to the Customer at the Customer’s expense and no refund will be made by the Seller.

8. Digital Gift Card

The Digital Gift Card purchased on the Site is subject to the following conditions:

Validity: The Digital Gift Card is valid for one (1) year from the date of purchase.
Delivery: The Digital Gift Card is delivered exclusively by email. No physical gift card will be shipped.
Scope of use: The Digital Gift Card can be used exclusively on the Site, by entering the code in the “Gift Card” field at checkout.
Partial and multiple use: The Digital Gift Card can be used in one or several transactions until the balance is fully used.
Insufficient balance: If the total order amount exceeds the available balance of the gift card, the remainder must be paid by another accepted payment method.
Non-refundable: The Digital Gift Card cannot be exchanged or refunded in cash, in whole or in part.
Customer responsibility: The Customer is responsible for keeping their gift card code safe, as it is required to use the balance. The Seller cannot be held liable in the event of loss, theft or fraudulent use of the code.

9. “The Club” Loyalty Program

9.1 Purpose. The “The Club” loyalty program (the “Program”) is offered by French Bloom to its registered customers in the following markets: France, European Union, United States, United Kingdom, Australia and Switzerland. The Program allows members to earn loyalty points through their purchases and their interactions with the brand, and to convert these points into discounts on their future orders.

Enrolment in the Program is free and requires no prior purchase.

9.2 Earning points. Members can earn points by carrying out various actions defined by French Bloom, including in particular signing up to the Program, placing orders and engaging on the brand’s social media, among others.

French Bloom reserves the right to modify, add, suspend or remove any method of earning points at any time, without notice.

9.3 Using points. Accumulated points can be converted into a direct discount on the order value, at a continuous conversion rate (no fixed tiers) of 100 points = $1 / €1 off.

This discount:

applies with no minimum order amount;
is valid for one-time use only;
is issued as a unique discount code, personal to the member, which cannot be transferred, assigned or sold to a third party.

9.4 Expiry of points and discount codes. Two separate expiry mechanisms apply to the Program:

Expiry of points: points credited to a member’s account expire automatically after twelve (12) consecutive months of account inactivity (no purchase or interaction). At the end of this period, unused points are permanently lost.
Expiry of discount codes: once points have been converted into a discount code, the code remains valid for twelve (12) months from its issue date. After this period, the code lapses and can no longer be applied to an order, with no possibility of reconverting the underlying points.

9.5 Changes to and end of the Program. French Bloom reserves the right to amend these terms, update the rewards catalogue or end the Program at any time, provided it informs members by any appropriate means (email, account notification). Points already earned on the date of any such change remain usable under the conditions in force when they were earned, except in the case of complete discontinuation of the Program, in which case members will have a reasonable period (communicated at the time) to use their remaining points before they are permanently lost.

French Bloom may also suspend or end a member’s participation in the Program, including cancelling accumulated points, in the event of fraud, abuse or misuse of the Program (including in particular the creation of multiple accounts, abnormal usage patterns, or failure to comply with French Bloom’s general terms of sale).

9.6 Liability. French Bloom cannot be held liable for any technical malfunction, interruption or unavailability of the Program (including of the Smile.io platform on which it runs) that may temporarily prevent a member from earning or using their points. French Bloom will use reasonable efforts to restore access as soon as possible.

9.7 Governing law. These terms are governed by French law, without prejudice to the mandatory consumer protection provisions applicable in the member’s country of residence.

10. Warranty

The Seller is subject to the conditions of (i) the legal guarantee of conformity as defined in Articles L.217-3 et seq. of the French Consumer Code and (ii) the guarantee against hidden defects as defined in Articles 1641 to 1649 of the French Civil Code.

The Seller guarantees the conformity of the Products sold under these two legal guarantees. In this respect, and in accordance with the French Consumer Code, the Customer is informed of the following:

The consumer has a period of two years from delivery of the goods to obtain application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is required to establish only the existence of the lack of conformity and not the date on which it appeared.

Where the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the supply period provided for. During this period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer asks for the goods to be repaired but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:

The professional refuses to repair or replace the goods;
The repair or replacement of the goods takes place after a period of thirty days;
The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of collecting or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the guarantee that remained to run until the goods are delivered back in repaired condition.

Any claim concerning the Products under this Article 10 must be made by email (ordersupport@french-bloom.com), followed by written confirmation sent by registered letter with acknowledgement of receipt to the following address: 32 rue Washington, 75008 Paris.

In the event of a lack of conformity and/or hidden defects acknowledged by the Seller, if it is decided that the Product should be returned, the Customer must ship it to the following address: 32 rue Washington, 75008 Paris. The Customer must first have obtained from customer service, contacted by email (ordersupport@french-bloom.com), a return number and any details relating to shipping. No parcel will be accepted without a return number. This number must be written legibly on the parcel in marker pen.

11. Liability

11.1 The Products comply with the regulations in force in France.

11.2 The Seller cannot be held liable in the event of a claim resulting from:

non-compliant use of the Product;
use under conditions different from those for which the Product was manufactured;
misuse;
alteration of the Product;
an event of force majeure.

11.3 The Seller disclaims all liability relating to the unsuitability of the ordered Product for the use intended by the Customer, the Customer being solely responsible for the choice of Product.

11.4 The Seller cannot be held liable for server failures, electrical problems or other problems relating to the Internet network, or in the event of external intrusion or computer viruses.

11.5 In any event, the Seller’s liability is limited exclusively to compensation for direct bodily injury and direct material damage, the existence and causal link of which must be proven by the Customer.

12. Personal Data Protection

Pursuant to Law No. 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), the Customer is reminded that the personal data requested from them is necessary to process their order and issue invoices.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information provided through the Site meets the legal requirements on personal data protection, the information system used ensuring optimal protection of this data.

In accordance with applicable national and European regulations, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing regarding the information concerning them. This right may be exercised under the conditions and in the manner set out on the Site.

13. Intellectual Property

All elements of the Site are and remain the exclusive intellectual property of the Seller.

It is expressly forbidden to reproduce, exploit, redistribute or use in any way whatsoever, even partially, any element of the Site.

14. Force Majeure

14.1 Any delay in performance or failure to perform by either party of any of its obligations hereunder (other than payment obligations) due to an event of force majeure within the meaning of Article 1218 of the French Civil Code shall not constitute a breach of these Terms.

14.2 The party that is unable to fulfil its obligations because of a force majeure event shall inform the other party in writing as soon as possible and shall use its best efforts to minimise the damage. In that case, performance of the obligation concerned will be suspended for a period equal to the duration of the force majeure event.

15. Miscellaneous

Should any provision of these Terms be null and void as a result of a change in legislation or regulation or by a court decision, this shall in no way affect the validity and observance of the other provisions of the Terms. The failure of either party to exercise the rights granted to it hereunder does not constitute a waiver of those rights.

16. Out-of-Court Dispute Resolution

16.1 In accordance with Articles L.111-1, L.612-1 and L.616-1 of the French Consumer Code, the Customer is informed that, subject to Article L.612-2 of the French Consumer Code, they may use a consumer mediator free of charge to seek an amicable resolution of the dispute between them and the Seller. To that end, the Seller guarantees the Customer effective access to a consumer mediation scheme.

16.2 Accordingly, failing an amicable agreement between the Customer and the Seller, the Customer may refer the matter free of charge to the consumer mediator responsible for the Seller, namely the Association des Médiateurs Européens (AME CONSO), within one year of the written complaint sent to the Seller. The mediator must be contacted:

either by completing the form provided for that purpose on the AME CONSO website: www.mediationconso-ame.com
or by post to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS

16.3 In accordance with Article L.616-2 of the French Consumer Code, the Customer is also informed of the existence of the European online dispute resolution platform at https://ec-europa.eu/consumers/odr and of the possibility of using it to settle their dispute through an alternative dispute resolution entity. The European Commission will forward the Customer’s complaint to the competent national mediators.

17. Governing Law and Jurisdiction

17.1 Any dispute relating to or arising from the interpretation, performance or termination of these Terms and/or any sale of Products shall be governed by French law. However, the Customer who does not habitually reside in France is expressly reminded that the application of French law under this Article 17.1 cannot deprive that Customer of the protection afforded by the mandatory provisions of the country in which they habitually reside. In such a situation, the law of the Customer’s place of habitual residence shall apply.

17.2 In the event of any dispute relating to or arising from the interpretation, performance or termination of these Terms and/or an order or sale of Products connected with them, the competent court shall be the one designated under the ordinary rules of jurisdiction, notwithstanding multiple defendants or third-party proceedings.

If the Customer habitually resides in a Member State of the European Union, the competent court shall be the one designated under the rules of jurisdiction of European law, in particular European Regulation 1215/2012 of 12 December 2012.

18. Customer Service

For any questions and/or complaints, the Customer may contact the Seller’s customer service by email (ordersupport@french-bloom.com) or by post (French Bloom SAS, 32 rue Washington, 75008 Paris).