販売規約

GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (hereinafter the "General Terms") are intended to define the conditions under which the company French Bloom, a simplified joint-stock company (société par actions simplifiée) whose registered office is located at 32 Rue Washington, 75008 Paris, 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 whose manufacture is not necessarily carried out by the Seller (the "Products"), on its website accessible at the following link: https://www.frenchbloom.com (the "Site").

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

Any order for Products implies the Customer's unconditional acceptance of these General Terms, which shall prevail over any other terms.

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

1. Customer Information

The Customer acknowledges having received, in a legible and comprehensible manner, these General 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 prior to purchase.

2. Products

The Products and their essential characteristics, in particular their composition, nutritional information, and place of manufacture, are described on the Site. The Customer is required to review this information before placing any 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 Orders

Only persons with legal capacity who have reached the age of 18 at the time the order is placed may order on the Site. Each Customer acknowledges meeting these conditions and holds the Seller harmless against any claim that may be made against it in this respect.

It is the Customer's responsibility to order the Products they wish to purchase on the Site in accordance with the following procedure:

• Selection by the Customer of the Products they wish to order by clicking "Add to cart";
• Review by the Customer of their cart by clicking "Open cart," with the option to add or remove Products from their cart;
• Confirmation of the cart by clicking "Proceed to checkout";
• Identification of the Customer if not already identified at the time the order is placed, or failing that, provision of the Customer's contact details (email address, shipping address, and phone number). On this page, the Customer may (i) enter a promotional code, if any, and (ii) view the summary of their cart, including any promotions applied;
• By clicking "Continue to shipping," the Customer is invited to choose the shipping method for the Products they wish to order. On this page, the Customer may again (i) enter a promotional code, if any, and (ii) view the summary of their cart, including any promotions applied;
• To proceed to the next step, the Customer must click "Continue to payment," which redirects them to the "Payment" page where the Customer selects their payment method. The Customer then has the opportunity to review the details of their order and its total price, and to correct any errors before confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order and to immediately report or correct any errors.
• To finally confirm their order and pay, the Customer must (i) review and accept these General Terms by clicking the checkbox provided for this purpose, and (ii) click "Confirm my order and pay." An order is recorded on the Site once the Customer has read and accepted these General Terms by checking the box provided for this purpose and validates their order. This validation implies acceptance of these General Terms in their entirety;
• Once the Customer has accepted the General Terms, validated, and paid for their order, they are automatically redirected to a page on the Site on which the Seller confirms the placement of the order. At the same time, and without delay, once the Seller has collected payment in full, the Customer receives an email from the Seller acknowledging receipt of their order and providing an order number as well as a summary of their order.

Any order placed and validated by the Customer and confirmed by the Seller, under the conditions and in accordance with the procedure described above, constitutes a contract concluded at a distance between the Customer and the Seller.

The Customer may 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, the order may not be modified or cancelled, except in the event of the exercise of the right of withdrawal under the conditions set out in Article 7.

3.3. Product Availability

The Seller undertakes to use its best efforts to meet the Customer's requirements as specified in their order. Notwithstanding the foregoing, errors or changes may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several Customers. Consequently, in the event of unavailability of Products after order confirmation, the Customer will be notified by email as soon as possible and will be refunded the price of the Products within fourteen (14) calendar days from the date the relevant funds were paid.

The Seller shall bear no liability in the event of stock shortages or unavailability of Products for orders not yet accepted by the Seller.

4. Price and Payment Terms

4.1. Products are sold at the prices in effect on the Site at the time the Customer places the order. Prices displayed are in euros, inclusive of all taxes (at the VAT rate applicable in France on the day the order is validated by the Seller) and exclusive of shipping costs. Shipping costs are charged in addition, under the conditions indicated on the Site, as calculated and communicated prior to placing the order.

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

4.3. The price is payable in full at the time the order is placed by the Customer, by secure payment method, as follows:

• By credit card: Visa, Mastercard, American Express; and
• By PayPal or Shop Pay.

The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions set out above. Payments made by the Customer shall only be considered final once the funds owed have actually been collected by the Seller. If the price is not collected at the time the order is placed, the sale shall be automatically cancelled without formality and no delivery of Products shall take place.

Furthermore, regardless of the payment method chosen, the Seller reserves the right to refuse any order or delivery in the event of (i) refusal of payment authorization by the banking institution, or (ii) full or partial non-payment of a previous order by the Customer.

5. Delivery and Receipt of Products

5.1. Products ordered by the Customer will be delivered by an independent carrier within the timeframes indicated below, calculated from acceptance of the order, to the address provided by the Customer when placing their order 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 timeframes specified above. However, these timeframes are provided for guidance 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 an act of the Customer, the sale may be cancelled at the Customer's written request sent by registered letter with acknowledgment of receipt to the following address: French Bloom SAS, 32 rue Washington, 75008 Paris. Amounts paid by the Customer will be refunded to them no later than fourteen (14) days following the date the contract is terminated, excluding any compensation.

5.2. The Seller is authorized to make partial deliveries on different dates.

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

DPD PREDICT

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

DPD Classic

Belgium, Germany, Luxembourg, Austria DPD Classic - 3 to 5 business days, €0-€149.99 - €9.90 DPD Classic - 3 to 5 business days, €150 and above - Free

Portugal, Spain, Andorra, Netherlands, Denmark, Finland, Italy, Sweden, Ireland UPS Express - 3 to 5 business days, €0-€149.99 - €9.90 DPD Classic - 3 to 5 business days, €150 and above - Free

Croatia, Hungary, Poland, Cyprus, Malta, Romania, Bulgaria, Estonia, Latvia, Lithuania, Czechia, Slovakia, Slovenia, Greece UPS Express - 3 to 5 business days - €28.00 Free shipping is not offered to these destinations.

Norway UPS Express - 3 to 5 business days, €0-€149.99 - €30.00 UPS Express - 3 to 5 business days, €150 and above - Free

Monaco UPS Express - 3 to 5 business days, €0-€149.99 - €19.00 UPS Express - 3 to 5 business days, €150 and above - Free

5.4. The Customer must inspect the condition of the packaging of the Products upon delivery. The Customer must note any reservations or objections deemed necessary, or even refuse the package, in particular where the package is visibly damaged upon delivery, and must do so before opening it. Such detailed reservations and objections must also be reported to the delivery person and, in parallel, sent to the carrier by registered letter with acknowledgment of receipt within three (3) business days of the delivery date of the Products. Failure to make a claim within the aforementioned timeframe extinguishes any right of action against the carrier in accordance with applicable legal provisions.

5.5. In addition to the procedure set out in Article 5.4 of these General Terms, the Customer is also required to inspect the condition of the ordered and delivered Products once opened. The Customer has a period of seventy-two (72) hours from delivery to raise any reservations or objections regarding non-conformity or apparent defects in the delivered Products (damage, broken item, missing item, etc.), together with all relevant supporting evidence. This claim must be made by registered letter with acknowledgment of receipt (French Bloom SAS, 32 rue Washington, 75008 Paris). After this period, and in the absence of compliance with these formalities, the Products shall be deemed conforming and free of any apparent defect, and no claim may be validly accepted by the Seller.

The Seller will reimburse 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 package by the recipient, or lack of information resulting in an inability to deliver the Product, the Seller shall not be held liable for the quality and/or timeliness of delivery. Should the Seller be required to arrange a second delivery attempt to the recipient, the Seller may charge the Customer the costs corresponding to this second delivery.

6. Transfer of Ownership and Transfer of Risk

6.1. Transfer of ownership of the Products to the Customer shall only take place once the price has been paid in full by the Customer, regardless of the delivery date of the said Products.

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

7. Right of Withdrawal

7.1. In accordance with applicable legal provisions, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to provide any justification or pay any penalty, for the purpose of 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 following notification of their decision to withdraw. In accordance with Article L.221-19 of the Consumer Code, if this withdrawal period would normally expire on a Saturday, Sunday, public holiday, or non-working day, it is extended until the next business day.

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

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

7.4. Returned Products must be sent to the address provided by the Seller. The Customer undertakes to keep the proof of shipment provided by the carrier.

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

7.5. Subject to compliance with the conditions referred to above, the Seller will reimburse the Customer for the amounts paid corresponding to the purchase of the returned Product(s) as well as any shipping costs incurred, within a maximum period of fourteen (14) days from receipt of the Product. The Seller will make the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method.

In the event of non-compliance with the conditions referred to in Articles 7.1 to 7.4 (for example, in the event of the return of Products that are visibly used or damaged by the Customer), the Products returned by the Customer will be sent back to the Customer at the Customer's expense, and no refund will be issued 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 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: 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. Warranty

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

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

The consumer has a period of two years from delivery of the goods to obtain enforcement of the statutory warranty of conformity in the event a defect of conformity appears. During this period, the consumer is only required to establish the existence of the defect of conformity, and not the date on which it appeared.

Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire supply period provided for. During this period, the consumer is only required to establish the existence of the defect of conformity affecting the digital content or digital service, and not the date on which it appeared.

The statutory warranty of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without major inconvenience to them.

If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the original warranty.

If the consumer requests repair of the goods but the seller imposes replacement instead, the statutory warranty of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund in exchange for returning the goods, if:

1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods occurs after a period of thirty days; 3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; 4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the defect of conformity is so serious as to justify an immediate price reduction or termination of the contract. In such case, the consumer is not required to first request repair or replacement of the goods.

The consumer is not entitled to terminate the sale if the defect of conformity is minor.

Any period during which the goods are unavailable for repair or replacement suspends the warranty period remaining until the delivery of the repaired goods.

Any claim regarding the Products under this Article 8 must be submitted by email (ordersupport@french-bloom.com), followed by written confirmation sent by registered letter with acknowledgment of receipt to the following address: 32 rue Washington, 75008 Paris.

In the event of a defect of conformity and/or hidden defects acknowledged by the Seller, should it be decided to return the Product, the Customer must send it to the following address: 32 rue Washington, 75008 Paris. The Customer must first obtain a return number from customer service, contacted via email (ordersupport@french-bloom.com), as well as any details relating to shipment. No package will be accepted without a return number. This number must be clearly written on the package in marker.

10. Liability

10.1. The Products comply with regulations in force in France.

10.2. The Seller shall not be held 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.

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

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

10.5. In any event, the Seller's liability is strictly limited to compensation for direct bodily injury and property damage, the existence of which and the causal link to which must be proven by the Customer.

11. Protection of Personal Data

Pursuant to Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 ("GDPR"), it is recalled that the personal data requested from the Customer is necessary for processing their order and issuing invoices.

This data may be shared with the Seller's potential partners responsible for the fulfillment, processing, management, and payment of orders.

The processing of information provided through the Site complies with legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.

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

12. Intellectual Property

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

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

13. Force Majeure

13.1. Any delay in performance or any failure by either party to perform any of its obligations under these terms (with the exception of payment obligations) due to an event of force majeure within the meaning of Article 1218 of the Civil Code shall not constitute a breach of these General Terms.

13.2. The party unable to fulfill its obligations due to the occurrence of an event of force majeure will inform the other party in writing as soon as possible and will use its best efforts to minimize the resulting harm. In such case, performance of the affected obligation will be suspended for a period equal to the duration of the force majeure event.

14. Miscellaneous

Should any clause of these General Terms be rendered null and void as a result of a change in legislation, regulation, or a court decision, this shall in no way affect the validity or observance of the other clauses of the General Terms. The failure of either party to exercise any rights granted to it hereunder shall not constitute a waiver of its right to assert such rights.

15. Amicable Dispute Resolution

15.1. In accordance with Articles L.111-1, L.612-1, and L.616-1 of the Consumer Code, the Customer is informed that they may, subject to the provisions of Article L.612-2 of the Consumer Code, have free recourse to a consumer mediator with a view to amicably resolving any dispute with the Seller. To this end, the Seller guarantees the Customer effective recourse to a consumer mediation scheme.

15.2. Accordingly, and in the absence of an amicable agreement between the Customer and the Seller, the Customer may refer the matter free of charge to the consumer mediator with jurisdiction over the Seller, namely the Association des Médiateurs Européens (AME CONSO), within one year from the written complaint sent to the Seller. The mediator may be contacted:

• By completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
• By mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 Paris

15.3. In accordance with Article L.616-2 of the Consumer Code, the Customer is further 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 resolve their dispute through an out-of-court dispute resolution body. The European Commission will forward the Customer's complaint to the competent national mediators.

16. Applicable Law and Competent Jurisdiction

16.1. Any dispute relating to or arising from the interpretation, performance, or termination of these General Terms and/or any sale of Products shall be governed by French law. However, it is expressly noted that, for any Customer not habitually resident in France, the application of French law under this Article 15.1 may not have the effect of depriving such Customer of the protection afforded to them by the mandatory provisions of the law of the country in which they habitually reside. In such a situation, the law of the Customer's country of habitual residence shall apply.

16.2. In the event of any dispute relating to or arising from the interpretation, performance, or termination of these General Terms and/or any order or sale of Products relating thereto, the competent court shall be determined in accordance with ordinary jurisdiction rules, 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 determined in accordance with European jurisdiction rules, in particular European Regulation 1215/2012 of December 12, 2012.

17. 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 mail (French Bloom SAS, 32 rue Washington, 75008 Paris).