TERMS OF SALE

French Bloom USA Inc. — www.frenchbloom.com (U.S. site)

Effective: October 9, 2026

These Terms of Sale (“Terms”) govern the conditions under which French Bloom USA Inc., a corporation with its principal place of business at 32, rue Washington, 75008 Paris, France (the “Seller”), sells premium non-alcoholic sparkling beverages under the “French Bloom” brand, as well as other premium non-alcoholic beverages not necessarily manufactured by the Seller (the “Products”), to consumers (the “Customer”) through its website at www.frenchbloom.com (the “Site”).

These Terms exclusively govern the contractual relationship between the Seller and the Customer for any purchase made on the Site. These Terms apply as a matter of course, without restriction, to all sales concluded by the Seller with Customers.

Any order for Products implies the Customer's unconditional acceptance of these Terms, which prevail over any other document. These Terms may be revised at any time; the version applicable to a given order is the version in effect on the Site on the date the order is placed.

These Terms of Sale should be read together with French Bloom's Terms of Use (which govern access to and use of the Site generally) and Privacy Policy.

1. Customer Information

The Customer acknowledges having received, in a clear and understandable manner, these Terms and all information required under applicable U.S. and state consumer protection law prior to placing an order.

The Customer acknowledges having reviewed the essential characteristics of the Products before purchase.

2. Products

The Products and their essential characteristics, including 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 presented on the Site are not contractually binding and shall not engage the Seller's liability.

3. Orders

3.1. Placing an Order

Only persons with legal capacity and who are at least twenty-one (21) years of age at the time of order may purchase on the Site. Each Customer represents that they meet these conditions and agrees to hold the Seller harmless against any claim arising in this respect.

To place an order, the Customer:

• Selects the Products to purchase by clicking “Add to cart”;
• Reviews the cart, with the option to add or remove Products;
• Confirms the cart by clicking “Checkout”;
• Identifies themselves, or if not already registered, provides their contact details (email address, shipping address, phone number), and may enter a promotional code;
• Selects a shipping method and reviews the order summary, including any applied promotions;
• Selects a payment method on the “Payment” page, with the ability to review and correct the order before confirming;
• Confirms the order by (i) reviewing and accepting these Terms via the checkbox provided and (ii) clicking “Confirm and pay.” Order placement occurs once the Customer has read and accepted these Terms and validated the order, which constitutes acceptance of these Terms in full;
• Receives an order confirmation on the Site and, without delay after full payment has been collected, an email from the Seller acknowledging receipt of the order, including an order number and summary.

Any order placed by the Customer and confirmed by the Seller in accordance with the above constitutes a contract concluded at a distance between the Customer and the Seller. The Customer may track the status of an order on the Site.

3.2. Order Modification and Cancellation

Once confirmed and accepted by the Seller, an order may not be modified or cancelled by the Customer, except as set out in Section 7 (Returns and Refunds).

3.3. Product Availability

The Seller will use best efforts to fulfill the Customer's order as specified. Errors or changes may exceptionally occur, in particular in the event of simultaneous orders of the same Product by several Customers. If a Product becomes unavailable after order confirmation, the Customer will be notified by email as soon as possible and refunded the price of the unavailable Product within fourteen (14) calendar days of payment.

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

4. Price and Payment

Products are sold at the prices in effect on the Site at the time the Customer places the order. Prices are stated in U.S. dollars (USD) and do not include applicable state and local sales tax, which is calculated and displayed at checkout based on the shipping destination, nor shipping costs, which are calculated and communicated before the order is placed.

The Seller will issue an invoice/receipt to the Customer upon delivery of the ordered Products.

The price is payable in full at the time the order is placed, by secure payment, using the following methods:

• Credit/debit cards: Visa, Mastercard, American Express; and
• PayPal or Shop Pay.

The Seller is not required to deliver Products ordered by the Customer if full payment has not been received as set out above. Payments are considered final only once funds have been effectively collected by the Seller. If payment is not collected at the time the order is placed, the sale will be automatically cancelled and no Products will be shipped.

Regardless of the payment method chosen, the Seller reserves the right to refuse any order or delivery in the event of (i) payment authorization refusal by the card issuer or payment provider, or (ii) full or partial non-payment of a prior order by the Customer.

Pricing and Description Errors

Despite the Seller's efforts, a price or Product description displayed on the Site may occasionally contain an obvious error. In that case, the Seller reserves the right to cancel the affected order, even after confirmation, and will notify the Customer by email and refund any amount paid within fourteen (14) days.

Promotional Codes

Unless stated otherwise in the offer, promotional codes are valid for a limited time, may be used once per order, may not be combined with other offers, have no cash value, and may not be applied retroactively to an order already placed. The Seller may cancel a promotional code that has been used fraudulently or in breach of the offer's conditions.

5. Shipping and Delivery

Products ordered by the Customer will be delivered by an independent carrier within the timeframes below, calculated from acceptance of the order, to the address provided by the Customer:

• UPS Ground (Residential): 3 to 5 business days
• UPS 3 Day Select: 2 to 3 business days
• UPS 2nd Day Air: 1 to 2 business days

Deliveries are made within the United States, subject to state and local restrictions described below. The Seller ships to most, but not necessarily all, U.S. states; availability may be limited due to state or local regulations applicable to non-alcoholic beverages positioned as wine alternatives. The states served are indicated at checkout. Deliveries cannot be made to P.O. boxes.

The Seller will use best efforts to deliver within the above timeframes, which are indicative only. If Products have not been delivered within seven (7) days of the indicative delivery date, for any reason other than force majeure or the Customer's own act, the Customer may request cancellation of the sale in writing; amounts paid will be refunded within fourteen (14) days of such cancellation.

The Seller may make partial deliveries on different dates.

Shipping costs vary depending on the delivery method selected by the Customer and are calculated and displayed at checkout.

The Customer must inspect the condition of the packaging upon delivery and raise any objections or refuse the package if it is visibly damaged, before opening it. Objections must also be reported to the carrier in writing within three (3) business days of delivery. Failure to do so within this period extinguishes any claim against the carrier.

The Customer must also inspect the Products once opened and has seventy-two (72) hours from delivery to report any non-conformity or apparent defect (damage, broken item, missing item, etc.), with supporting evidence, by written notice to ordersupport.us@french-bloom.com. After this period, and absent such notice, the Products will be deemed conforming and free of apparent defects, and no claim will be accepted.

The Seller will reimburse the Customer as soon as possible for the price of Products whose non-conformity has been duly established.

The Seller shall not be liable for delivery quality or delay resulting from an incomplete or inaccurate address, refusal of the package by the recipient, or missing information preventing delivery. If a second delivery attempt is required as a result, the Seller may charge the Customer the corresponding costs.

6. Transfer of Title and Risk

Title to the Products passes to the Customer only once full payment of the price has been received, regardless of the delivery date.

All risk of damage to the Products for any reason, including loss, theft, destruction, and deterioration, passes to the Customer upon delivery.

7. Returns and Refunds

As a matter of Seller policy, and not a statutory obligation, the Customer may request a return or exchange within fourteen (14) days of receipt of the Product, provided the Product is returned in its original packaging and in good condition. To initiate a return, the Customer should contact ordersupport.us@french-bloom.com with a description of the issue.

Returns must be sent to the address communicated by the Seller. The Customer is responsible for retaining proof of shipment.

Return shipping costs are borne by the Seller. Risks relating to the return of the Product are borne exclusively by the Customer. The Seller shall not be held liable in the event of loss, theft, or damage to the returned package.

Subject to compliance with the above, the Seller will refund the Customer the amount paid for the returned Product(s) within fourteen (14) days of receiving the return, using the original payment method unless otherwise agreed.

Products that are visibly used, damaged, or do not meet the above conditions will be returned to the Customer at the Customer's expense, and no refund will be issued.

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 five (5) years 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 may 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 may be used in one or several transactions until the balance is fully depleted.
• Insufficient balance: If the total order amount exceeds the available gift card balance, the remaining amount must be paid using another accepted payment method.
• Non-refundable: Except where applicable law requires otherwise, the Digital Gift Card may not be exchanged or refunded in cash, in whole or in part.
• Customer responsibility: The Customer is responsible for keeping their gift card code secure, as it is required to redeem the balance. The Seller shall not be held liable for any lost, stolen, or fraudulently used gift card codes.

9. The Club Loyalty Program – Terms & Conditions

Article 1 – Purpose

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

Enrollment in the Program is free and does not require any purchase.

Article 2 – Earning Points

Members can earn points by taking part in various actions defined by French Bloom, which may include signing up to the Program, placing orders, and engaging with the brand's social media channels, among others.

French Bloom reserves the right to modify, add, suspend, or discontinue any point-earning method at any time, without prior notice.

Article 3 – Redeeming Points

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

This discount:

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

Article 4 – Expiration of Points and Discount Codes

Two separate expiration mechanisms apply to the Program:

• Points expiration: points credited to a member's account automatically expire after 12 consecutive months of account inactivity (no purchase or engagement). After this period, unused points are permanently forfeited.
• Discount code expiration: once points are converted into a discount code, that code remains valid for 12 months from its issue date. After this period, the code becomes void and can no longer be applied to an order, with no possibility of reconverting the underlying points.

Article 5 – Program Changes and Termination

French Bloom reserves the right to modify these terms, update the rewards catalog, or end the Program at any time, provided members are notified by appropriate means (email, account notification). Points already earned as of the date of any such change remain usable under the conditions in effect at the time they were earned, unless the Program is discontinued entirely, in which case members will be given a reasonable period (to be communicated at the time) to redeem any remaining points before they are forfeited.

French Bloom may also suspend or terminate a member's participation in the Program, including the cancellation of accumulated points, in the event of fraud, abuse, or misuse of the Program (including but not limited to the creation of multiple accounts, abnormal redemption patterns, or breach of French Bloom's general terms of sale).

Article 6 – Liability

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

Article 7 – Personal Data

Personal information collected in connection with the Program, including information relating to points earned and rewards redeemed, is handled in accordance with the Privacy Policy. For members residing in California, the Privacy Policy includes a notice regarding the financial incentive that the Program may constitute.

Article 8 – Applicable Law

For members residing in the United States, these terms are governed by the law of the State of New York, consistent with Section 15 of these Terms of Sale. For members residing in other markets, these terms are governed by French law. In all cases, this is without prejudice to any mandatory consumer protection provisions applicable in the member's country or state of residence.

10. Warranty

The Seller warrants that Products sold on the Site conform to their description and are free from material defects at the time of delivery, subject to applicable state law.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of implied warranties, so the above may not apply to the Customer. The Customer may have other rights that vary from state to state.

Any claim regarding non-conformity or defects should be submitted by email to ordersupport.us@french-bloom.com, with supporting evidence. Apparent defects must be reported within the period set out in Section 5. Any other defect must be reported within a reasonable time after it is discovered.

11. Liability

Products comply with applicable U.S. federal and state regulations.

The Seller shall not be liable for any claim resulting from:

• Improper 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.

The Seller disclaims all liability regarding the suitability of an ordered Product for the Customer's intended use, the Customer being solely responsible for the choice of Product.

The Seller shall not be liable for server failures, electrical issues, or other issues related to the internet network, or in the event of external intrusion or computer viruses.

To the fullest extent permitted by applicable law, the Seller shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to these Terms or the Products, and the Seller's total liability to the Customer shall not exceed the amount paid by the Customer for the Product(s) giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Some states do not allow certain limitations of liability, so the above may not apply to the Customer.

12. Personal Data

Personal information collected from the Customer is necessary to process orders and issue invoices, and is handled in accordance with the Seller's Privacy Policy and applicable U.S. state privacy laws (including, where applicable, the California Consumer Privacy Act).

This information may be shared with the Seller's partners involved in order fulfillment, processing, management, and payment.

Depending on their state of residence, the Customer may have rights of access, correction, deletion, and opt-out regarding their personal information, exercisable as described in the Privacy Policy.

13. Intellectual Property

All elements of the Site are and remain the exclusive intellectual property of the Seller. Reproduction, exploitation, redistribution, or use of any element of the Site, in whole or in part, is strictly prohibited without prior written consent.

14. Force Majeure

Force majeure means any event beyond the reasonable control of a party that could not reasonably have been foreseen or avoided, including natural disasters, severe weather, fire, epidemics or pandemics, war, terrorism, civil unrest, strikes or labor disputes, acts or orders of governmental authorities, supply shortages, carrier or transportation disruptions, and failures of power, internet, or telecommunications networks.

Any delay or failure by either party to perform its obligations under these Terms (other than payment obligations) due to an event of force majeure shall not constitute a breach of these Terms.

The party affected by a force majeure event will notify the other party in writing as soon as possible and use best efforts to minimize the resulting harm. Performance of the affected obligation will be suspended for the duration of the force majeure event.

15. Dispute Resolution and Governing Law

Any dispute relating to or arising from these Terms and/or a sale of Products shall be governed by the law of the State of New York, without regard to its conflict of laws provisions, and resolved in accordance with the dispute resolution provisions of the Seller's Terms of Use, which are incorporated herein by reference.

16. General Provisions

• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• Entire agreement: These Terms, together with the Terms of Use and the Privacy Policy, constitute the entire agreement between the Seller and the Customer regarding the sale of Products on the Site.
• No waiver: The Seller's failure to enforce any provision of these Terms is not a waiver of its right to do so later.
• Assignment: The Customer may not assign these Terms without the Seller's prior written consent. The Seller may assign them to an affiliate or to a successor to its business.
• Electronic communications: The Customer consents to receive notices and other communications relating to the order electronically, including by email and by posting on the Site.

17. Customer Service

For any questions or complaints, the Customer may contact the Seller's customer service by email at ordersupport.us@french-bloom.com.