Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

PREAMBLE

These General Terms and Conditions of Sale (the "GTCS") apply to any Order placed by a natural person acting as a consumer (hereinafter the "Customer") on the website www.bonjourdrink.co (hereinafter referred to as the "Site") with the company BONJOURDRINK, a simplified joint-stock company with a capital of €556, registered with the Paris Trade and Companies Register under number 928 039 221, whose registered office is located at 229 rue Saint-Honoré – 75001 Paris (the "Seller").

The GTCS are intended to govern the sale by the Seller to its Customers of the Products. As such, the GTCS specify in particular the conditions of Order, payment, Delivery, and any returns of the Products ordered by the Customers.

The GTCS are accessible at any time on the Site, referenced at the bottom of each page of the Site by means of a hypertext link, and must be consulted by the Customer before placing an Order.

The GTCS applicable to the sale are those in force on the day of the Order on the Site.

ANY ORDER PLACED ON THE SITE NECESSARILY IMPLIES THE CUSTOMER'S UNRESERVED ACCEPTANCE OF THESE GTCS. THE CUSTOMER DECLARES TO HAVE READ THE GTCS AND TO HAVE ACCEPTED THEM WHEN PROCEEDING WITH THE PAYMENT OF THE ORDER.

ARTICLE 1 – DEFINITIONS

The terms mentioned below have, in these GTCS, the following meaning:

"Customer": designates the Seller's contracting party, who guarantees that they have the status of consumer.

"Order": designates the purchase of Products by a Customer from the Seller on the Site.

"Account": designates the area dedicated to the Customer having placed an Order on the Site, associated with all the data provided by the Customer and the information relating to their Orders, hosted on the Site. Access to the Account is via the hypertext link "My Account" referenced at the bottom of each page of the Site, using the Customer's email address and an identification code that the Customer requests to receive by SMS or email.

"General Terms and Conditions of Sale" or "GTCS": designates these contractual terms governing the sale of the Product by the Seller through the Site.

"Product Sheet": designates the page presenting the commercial offer relating to the Products.

"Delivery": designates the first presentation of the Product ordered by the Customer at the delivery address indicated when placing the Order.

"Flexible Subscription": designates the monthly subscription with no commitment to which any Customer may subscribe when purchasing Products on the Site, in order to obtain a monthly delivery of the Product selected by the Customer when placing their Order.

"Parties": in the plural, designates together the Seller and the Customer. In the singular, designates either the Customer or the Seller.

"Products": designates all products marketed by the Seller on the Site. All Products sold comply with European legislation in force and the standards applicable in France.

"Territory": designates all the territories in which Delivery is provided by the Seller, namely metropolitan France, the French Overseas Departments and Regions (DROM), the member countries of the European Union and Switzerland.

ARTICLE 2 – PURCHASES OF PRODUCTS ON THE SITE

In order to purchase a Product on the Site, the Customer must be at least 18 years old and have legal capacity, or be able to provide proof of the authorisation of their legal representatives if they are a minor.

The Customer will be invited to provide certain information essential to the management of the Order by completing the form available on the Site. The Customer must in particular provide their identity and contact details, as well as a Delivery address.

This information must be complete, accurate and up to date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, their eligibility and the information communicated.

The Seller reserves the right to cancel or refuse any Order from a Customer in the event of well-founded suspicions of attempted fraudulent payment based on the criteria established by BONJOURDRINK's payment partners.

ARTICLE 3 – ORDER

3.1 Product Sheets. The Seller presents all the essential characteristics of the Products on the Product Sheets, which the Customer undertakes to read carefully before placing the Order.

The unavailability of a Product is in principle indicated on the Product Sheet of the Product concerned. In any event, if the Product is unavailable, the Seller undertakes to inform the Customer without delay.

If the Customer decides to cancel their Order for unavailable Products, they will obtain the refund of all sums paid for the unavailable Products at the latest within fourteen (14) days following the date on which the contract was terminated.

3.2 Selection of Products. It is up to the Customer to select the Product(s) they wish to order, choosing the desired quantities as well as the purchase terms, then clicking on "BUY NOW".

The Customer may, at their choice, proceed with a one-off purchase of the Product(s) or subscribe to the Flexible Subscription.

3.3 Order. The Customer is redirected to the Order form and summary, which specifies: the name, characteristics and quantity of the chosen Products as well as the price (including the unit price all taxes included, any discounts, and any Delivery costs). They are invited to verify that the content of their Order is correct, and to correct any errors.

The Customer is invited to enter a discount code or gift card if they have one.

The Customer is required to provide the information necessary for the proper processing of their Order. They must in particular clearly indicate all information relating to the invoicing and Delivery of the Products, in particular the exact Delivery address.

The Orders placed must include all the information necessary for the proper processing of the Order. The Seller cannot be held responsible in the event of an error in entering the Customer's personal information, which is essential for placing the Order and Delivery. It is therefore up to the Customer to verify the accuracy of the Order and the Delivery information, and to report any errors immediately.

The Customer chooses the payment method and enters the relevant data to proceed with the secure payment of the Order by following the instructions on the Site, before clicking on "Pay now" to finalise the Order.

The date of the Order is the date on which BONJOURDRINK acknowledges receipt of the Order online. Any deadlines indicated on the Site only begin to run from this date.

3.4 Acknowledgement of receipt. Once all the steps described above have been completed, the Customer is redirected to the Site where a page appears in order to confirm the validation of their Order.

A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by email, provided that the email address communicated via the Order form is correct.

3.5 Provisions specific to the Flexible Subscription. If the Customer selects the Flexible Subscription when placing their Order, a new identical Order will automatically be sent to them monthly, unless the Customer cancels or postpones their Order at the latest three (3) days before its shipment. The Customer will receive an email from the Seller to this effect, at the latest three (3) days before the shipment of the next Order.

ARTICLE 4 – PRICE

The prices of the Products are expressed in euros, all taxes included. Prices include in particular value added tax (VAT) at the rate in force on the date of the Order. Any change in the applicable rate may affect the price of the Products from the date of entry into force of the new rate.

These prices are firm and non-revisable during their period of validity. The prices take into account any discounts that may be granted by the Seller on the Site.

The Seller reserves the right to change the prices at any time.

The prices indicated are valid, except in the case of a gross error. The applicable price is the one indicated on the Site on the date on which the Order is placed by the Customer.

The prices displayed on the Site do not include any applicable shipping costs, which are charged in addition. Any shipping costs applied are indicated to the Customer prior to placing the Order.

The Customer is informed that, depending on the Delivery address, they may be subject to import obligations and taxes, which are collected when the Products arrive at their destination. These costs will be borne exclusively by the Customer. Since customs policies vary from one country to another, the Customer is invited to contact the local customs service for further information.

ARTICLE 5 – PAYMENT TERMS

5.1 Means of payment. The price is payable in cash, in full on the day the Order is placed by the Customer or upon shipment of an Order under the Flexible Subscription, by secure payment, in accordance with the following terms and depending on the Territory:

• By credit/debit cards;
• By PayPal.

5.2 Delay or refusal of payment. In the event that, for any reason whatsoever, the transmission of the flow of money owed by the Customer proves to be impossible, the Order will be cancelled and the sale automatically terminated.

ARTICLE 6 – DELIVERY

6.1 Place of delivery. The Products offered can only be delivered within the Territory.

The Products are shipped to the Delivery address that the Customer has indicated during the Order process. If the Delivery address is not valid and therefore results in a return of the Products for non-receipt at the address indicated when placing the Order, the costs of reshipping the Products to the new address provided will be borne by the Customer.

6.2 Delivery times and costs. The Products are generally delivered within 24 hours of the date of the Order. However, since this period is independent of the Seller's will, it is given to the Customer for information only.

Shipping costs may be offered by the Seller, in which case this will be mentioned on the Product Sheet and on the Order summary page before proceeding with payment.

6.3 Delivery terms. Deliveries are made by a carrier selected by the Seller, to the address mentioned by the Customer when placing the Order and to which the carrier can access.

6.4 Order status. The Customer can check the status of their Order on the Site in their Account. Delivery tracking may, where applicable, be carried out using the online tracking tools of certain carriers. The Customer may also contact BONJOURDRINK at any time to obtain information on the status of their Order.

6.5 Packaging. The Products will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the Products during Delivery.

Customers undertake to comply with the same standards when returning Products under the conditions set out in Article 8 – Right of withdrawal.

6.6 Delivery problem. In the event of failure by the Seller to fulfil their obligation to deliver the goods on the indicated date, the Customer may:

• Notify the suspension of payment of all or part of the price until the professional performs;
• Terminate the contract if, after having given the Seller formal notice to make the delivery or provide the service within a reasonable additional period, the latter has not performed without delay.

The contract is deemed terminated upon receipt by the Seller of the letter or writing informing them of this termination, unless they have performed in the meantime.

The Customer may, however, immediately terminate the contract:

• When the Seller refuses to deliver the goods or when it is clear that they will not deliver the goods;
• When the Seller fails to fulfil their obligation to deliver the goods within the indicated time limits and this time limit constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer prior to the conclusion of the contract.

These provisions are without prejudice to the award of damages.

When the contract is terminated under the conditions mentioned above, the Seller shall refund the Customer the total amount paid, at the latest within fourteen (14) days following the date on which the contract was terminated.

At the time of Delivery, the Customer or the person designated by them to receive the Products is required to check:

• That the number of Products delivered corresponds to the Seller's indications;
• That the packaging of the Products is intact, undamaged or not altered in any way.

The Customer or the person expressly designated by them must immediately contest any damage suffered by the Products or an error in their number or non-conformity with the indications, by affixing a written reservation of inspection on the delivery slip. After acceptance of the Products, the Customer may not raise any dispute regarding the external appearance of the Order.

ARTICLE 7 – TRANSFER OF OWNERSHIP

The Seller remains the owner of the Products delivered until they are fully paid for by the Customer.

The above provisions do not preclude the transfer to the Customer, at the time of receipt by them or by a third party designated by them other than the carrier, of the risks of loss or damage to the Products subject to the retention of title, as well as the risks of damage that they may cause.

ARTICLE 8 – RIGHT OF WITHDRAWAL AND "SATISFIED OR REFUNDED" GUARANTEE

8.A – Legal right of withdrawal

8.A.1 Principle of withdrawal. The Customer is, in principle, entitled to withdraw without giving any reason, by returning or restoring the Product to the Seller.

The right of withdrawal is, however, in principle excluded in the cases provided for by the provisions of Article L.221-28 of the French Consumer Code. As such, the right of withdrawal is in particular excluded in the case of the supply of goods liable to deteriorate rapidly. The right of withdrawal is also excluded for Products that have been unsealed by the Customer after Delivery and that cannot be returned for health protection reasons.

8.A.2 Withdrawal period. The Seller offers the Customer the possibility to withdraw within a period of sixty (60) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods. The Product must then be returned within fourteen (14) days following the notification to the Seller of the Customer's decision to withdraw.

In the event that the Customer has ordered several Products via a single Order giving rise to several Deliveries (or in the case of an Order for a single Product delivered in several batches), the withdrawal period will expire sixty (60) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last goods.

8.A.3 Notification of the right of withdrawal. The Customer may exercise their right of withdrawal by any unambiguous declaration expressing their wish to withdraw, via their account accessible at any time (which allows them to cancel their offer very simply): https://bonjourdrink.co/account/login, or by email to bonjour@bonjourdrink.co, or by post, within 60 days of receipt of their Order.

The Customer may also use this form:

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of BONJOURDRINK, 229 rue Saint-Honoré – 75001 Paris, bonjour@bonjourdrink.co:

I hereby notify you of my withdrawal from the contract relating to the sale of the following goods:

Ordered on / received on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in the case of notification of this form on paper):

Date:

In order for the withdrawal period to be respected, the Customer must send their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

8.A.4 Effects of withdrawal (legal refund). In the event of valid exercise of the right of withdrawal, the Seller shall refund, within a maximum period of fourteen (14) days, the sums paid corresponding to the Products returned as well as the standard delivery costs relating to the Products returned.

Unless the Seller offers to collect the Products themselves, the Seller may defer the refund until the Products are recovered or until the Customer has provided proof of shipment of the Products, the date used being that of the first of these events.

The Seller will proceed with the refund using the same means of payment as the one the Customer used for the initial transaction.

8.A.5 Return terms. The Customer must in any event, at the latest fourteen (14) days after communication of their decision to withdraw from the contract, return the Product(s) to the address provided by the Seller. This period is deemed to have been respected if the Customer returns the goods before the expiry of the fourteen (14) day period.

Return costs are borne exclusively by the Customer. The Product must be returned in accordance with the Seller's instructions specified to the Customer when they notify their wish to return the Product.

8.A.6 Condition of the returned Products. The Products must be returned properly packaged in their original condition and include all accessories that may have been delivered.

Your liability could only be incurred with regard to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.

8.B – "Satisfied or refunded" commercial guarantee

8.B.1 Scope of application. Independently of the legal right of withdrawal, the Seller offers a "Satisfied or refunded" commercial guarantee applicable only to the Customer's first order.

8.B.2 Conditions

• The guarantee covers only the first opened pack of the first order.
• Any other packs purchased during this order must be unsealed and returned in order to be eligible for a refund.
• If several packs have been unsealed, only the first opened pack may give rise to a refund.

8.B.3 Costs and terms

• For unopened packs returned under this guarantee, the Seller provides a return label; a flat-rate contribution of €5.50 is deducted from the refund to cover part of the logistics costs.
• The refund will be made within a maximum period of fourteen (14) days from receipt of the returned Products in accordance with these conditions, via the initial means of payment (unless otherwise agreed).

8.B.4 Full credit note (option). As an alternative to a refund, the Customer may opt for a full credit note corresponding to the total value of the order, including the opened pack, usable subsequently with no minimum purchase.

ARTICLE 9 – GUARANTEE

Apart from the commercial guarantees that the Seller may offer for certain Products, every Customer benefits from "legal" guarantees, for all Products, which are detailed below.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. 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.

When the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to such digital content or digital service throughout the period of supply 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 legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for 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 requests the repair of the goods, but the seller imposes the 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 in the purchase price by keeping the goods, or terminate the contract by being fully refunded against return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if they bear 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 of the goods or to the rescission of the contract when the defect of conformity is so serious that it justifies the immediate reduction of the price or the rescission of the contract. The consumer is then not required to first request the repair or replacement of the goods.

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

Any period during which the goods are immobilised for the purpose of their repair or replacement suspends the guarantee that remained to run until the delivery of the restored goods.

The consumer also benefits from the legal guarantee against hidden defects, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the goods are kept, or to a full refund against return of the goods.

ARTICLE 10 – LIABILITY

The Seller has an obligation of means for all stages of taking the Order of Products, as well as for the stages subsequent to the taking of the Order.

The Seller's liability cannot in any case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering their Order.

The Seller cannot be held responsible, or considered to have failed to comply with the GTCS, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

It is further specified that the Seller does not control the websites that are directly or indirectly linked to the Site and cannot therefore be held responsible for the information published thereon. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

ARTICLE 11 – FORCE MAJEURE

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing their obligation. The Party who notes the event must immediately inform the other Party of their inability to perform their service.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies the termination of the contract.

If the impediment is definitive, these terms will be terminated purely and simply by operation of law and the Parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.

ARTICLE 12 – PROOF & ARCHIVING

Any contract concluded with the Customer corresponding to an order for an amount greater than one hundred and twenty (120) euros including all taxes will be archived by the Seller for a period of ten (10) years in accordance with the provisions of Article L. 213-1 of the French Consumer Code.

The Seller agrees to archive this information in order to ensure a monitoring of transactions and to produce a copy of the contract at the Customer's request.

In the event of a dispute, the Seller will have the possibility to prove that their electronic monitoring system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 13 – PERSONAL DATA

The Seller collects on the Site personal data concerning its Customers which are in particular necessary for the processing of their Orders, the issuance of invoices, the processing of their requests for information and, if the Customer has expressly chosen this option, the sending of promotional offers, unless the Customer no longer wishes to receive such communications from the Seller.

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

The Customer is invited to consult the Seller's Privacy Policy accessible at the following address: [insert link to the privacy policy], which will give them further information relating to the protection of personal data, the processing carried out via the Site and the methods of exercising rights.

Every consumer has the possibility to register free of charge on the BLOCTEL telephone canvassing opposition list https://www.bloctel.gouv.fr/. In accordance with law no. 2020-901 of 24 July 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when it concerns solicitations within the framework of the performance of an ongoing contract and relating to the subject of said contract, including when it concerns proposing to the consumer products or services related or complementary to the subject of the ongoing contract, or likely to improve its performance or quality.

ARTICLE 14 – CUSTOMER SERVICE

For any question, information or complaint, the Seller's customer service is at the Customer's disposal every day except weekends and public holidays for any question relating to the tracking of their Order, a withdrawal or a non-conformity of the Product after its purchase.

You can stop or manage your Bonjour Drink subscription directly from your customer area: https://bonjourdrink.co/account/login

Simply click on "Manage my subscription", then "Cancel".

You can also write to us at bonjour@bonjourdrink.co if you need help.

You can also write to us at the following address: BONJOURDRINK, 229 rue Saint-Honoré – 75001 Paris.

ARTICLE 15 – INTELLECTUAL PROPERTY

The Seller is the exclusive holder of the intellectual property rights over the Products offered on the Site, over the trademarks, patents, designs and models and copyrights associated with the Products, over the Site and all its elements, in particular over the visual and graphic identity, its design, its ergonomics, its functionalities, the software, texts, animated or still images, sounds, know-how, drawings, graphics and over the names, acronyms, logos or other signs that may be created or used by the Seller.

The Customer undertakes not to use the patents, trademarks, images, designs and models or any other element over which the Seller holds intellectual property rights.

In addition, the intellectual property rights over the documents contained on the Site and over each of the elements created for this Site are the exclusive property of the Seller, who grants no licence or any other right than that of consulting the Site. The reproduction of any page or content of said Site is subject to prior written authorisation from the Seller, except in the case of private copying.

The reproduction of all documents published on the Site is only authorised for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

Acceptance of these GTCS constitutes recognition by the Customer of the Seller's intellectual property rights.

ARTICLE 16 – VALIDITY OF THE GTCS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTCS, shall not affect the validity of these GTCS. Such modification or decision in no way authorises Customers to disregard these GTCS.

ARTICLE 17 – MODIFICATION OF THE GTCS

The GTCS are precisely dated and may be modified and updated by the Seller at any time.

The applicable GTCS are those in force at the time of the Order.

Modifications made to the GTCS will not apply to Products already purchased.

ARTICLE 18 – JURISDICTION AND APPLICABLE LAW

These GTCS and the operations arising therefrom are governed by and subject to French law.

All disputes to which the purchase and sale operations concluded in application of these GTCS may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences thereof, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent French courts under common law conditions.

However, prior to any recourse to arbitration or state courts, the Customer is invited to contact the Seller. If no agreement is reached, or if the Customer can demonstrate that they have first attempted to resolve their dispute directly with the Seller by means of a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including concerning its validity.

In accordance with the provisions of the French Consumer Code concerning the consumer dispute mediation process, after having contacted our customer service and in the absence of a satisfactory response within a period of 30 days, the Customer may refer the matter free of charge to the following mediator:

MEDIATION CONSOMMATION DEVELOPPEMENT Centre d'Affaires Stéphanois Immeuble l'Horizon – Esplanade de France 3 rue J. Constant Milleret 42000 SAINT-ETIENNE

Phone: +33 (0)4 77 42 10 58

Website: https://www.medconsodev.eu/mediation-consommation-demande.php

Every consumer also has the possibility to use the European online dispute resolution platform accessible at the following address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.

Since mediation is not mandatory, the Customer or the Seller may withdraw from the process at any time. In the event that the mediation fails or is not contemplated, the dispute that could have given rise to mediation will be entrusted to the competent jurisdiction designated above.