Boutique General Sales Conditions

Version applicable as of July 08, 2025

THE CUSTOMER expressly acknowledges that he/she has read and understood these General Terms and Conditions of Sale and that he/she accepts them unreservedly prior to any purchase.

Any PURCHASE made IN THE SHOP implies the unreserved acceptance by THE CUSTOMER of the present General Terms and Conditions of Sale.

ARTICLE 1. DEFINITIONS

For the purposes of these General Terms and Conditions of Sale, the following terms shall have the definitions set out below. Other terms may also be defined in these General Terms and Conditions of Sale.

“Purchase”: refers to the transfer of ownership of one or more of the Company's Products to the Customer following sale in the Boutique, and in accordance with the provisions of the GCS.

“Boutique”: refers to the Company's physical stores in existence at the time of the Purchase.

“Customer”: refers to any individual end consumer or non-professional legal entity customer, excluding any reseller or intermediary acting on behalf of a reseller, who makes a Purchase.

“General Terms and Conditions of Sale” or “GTS”: refers to all the stipulations herein which detail the rights and obligations of the Company and the Customer in connection with the Purchase of Products.

“Products”: refers to all products offered for Purchase by the Company in the Shop.

“Site”: refers to the Company's showcase website www.goutalparis.com on which Products may be displayed but which does not allow Products to be purchased.

“Company”: refers to AmorePacific Europe, a société par actions simplifiée (simplified joint-stock company) with capital of €63,050.00, having its registered office at 6, Rue Cambacérès 75008 Paris, France, registered with the Paris Trade and Companies Register under the unique identification number 379 384 225.

ARTICLE 2. PURPOSE - SCOPE OF APPLICATION

The GCS apply to all Purchases of Products from the Company in a Boutique, except as expressly stipulated herein.

The fact that the Customer purchases from a Boutique implies his unreserved acceptance of the General Terms and Conditions of Sale, which are also available: (i) at the Boutique cash desk; or (ii) on request from the Customer to the Boutique sales staff. The Customer hereby declares that he/she has read and accepted the General Terms and Conditions of Sale before making a Boutique Purchase.

The original version of the GCS is written in French, which alone is authentic and prevails over any other version in the event of contradiction.

The GCS take precedence over any clause to the contrary appearing in the Customer's documents or correspondence, including its general terms and conditions of purchase and the statements appearing on its own purchase orders, where applicable.

These GCS supersede all other agreements and understandings, whether prior or contemporaneous, between the Company and the Customer concerning the Purchase of Products.

The Company may update the GCS at any time. The GCS in force at the time of the Purchase are those which are enforceable against the Customer.

ARTICLE 3. PRODUCT CHARACTERISTICS

The Products sold by the Company in the Boutique are perfumery products, candles, bath and beauty products, and other home accessories, the characteristics of which are described by the Boutique sales staff at the Customer's request, within the limits of available stocks.

While every effort is made to ensure that the color and pattern of Products whose photos are displayed on the Site, where applicable, are faithful to the original Products, variations may occur, notably due to the technical limitations of color rendering on the Customer's computer equipment. Consequently, the Company may not be held liable for any errors or inaccuracies of a non-substantial nature in the photographs or graphic representations of the Products shown on the Site.

ARTICLE 4. PURCHASING PROCESS

4.1 Product availability

Products displayed in the Boutiques are available while stocks last.

In order to ensure the best quality of service and availability of its Products to all Customers, the Company reserves the right to limit the quantity of Products that may be purchased by a Customer, in accordance with the provisions applicable in this respect and in particular those of article L.121-11 of the French Consumer Code.

The Company reserves the right not to accept a Purchase from a Customer with whom it is in dispute over a previous Purchase, or if the Company reasonably believes that the Customer has breached the GTC or engaged in fraudulent activity, or for any other legitimate reason.

The Customer may register on a waiting list to be informed when a Product is back in stock. To do so, the Customer provides his or her contact details (title, surname, first name, email address) and agrees to receive an automatic email confirming that the Product concerned has been received in stock.

The Customer may then, if he/she wishes, purchase the Product in the Shop.

4.2 Prices

The price of the Products displayed in the Shop is indicated in the official currency of the Shop, inclusive of all taxes, unless otherwise stipulated herein.

The Company reserves the right to modify the prices of Products offered in the Shop at any time and without prior notice. The Products are sold to the Customer at the price in force on the day the Customer makes the Purchase in the Shop.

Product prices are payable in the official currency of the Boutique concerned.

The Price of the Products is payable in full on the day of the Purchase in the Shop, in accordance with the following terms and conditions:

- In cash, to the extent permitted by current regulations;

- By Visa, CB, MasterCard or American Express credit card;

- By Apple Pay.

Each of these payment solutions is subject to the terms and conditions of these solutions. The Customer is deemed to have accepted the general terms and conditions of sale and the privacy policy of the chosen payment application.

The Customer guarantees the Company that he/she has the necessary funds to pay the Price.

The Customer also guarantees the Company that he/she is fully authorized to use the payment method used to settle the Purchase, and in particular that he/she has the necessary authorizations to use this payment method when validating his/her Purchase.

4.3 How to return Products

Products purchased in the Boutiques are non-refundable.

With the exception of products on sale, which are not exchangeable, the Customer may exchange a Product within thirty (30) calendar days, upon presentation of the sales receipt and provided that the Product(s) returned are in their original condition (packaging, accessories, etc.) in one of the Boutiques in the country where the Purchase was made.

Notwithstanding the above, returns are not accepted in the case of tax-free purchases.

If exchange is not possible, a credit note may be issued by the Company. The credit note is valid for one (1) year from the date of issue, and may only be used in one of the Boutiques in the country where the credit note was issued.

ARTICLE 5. LEGAL WARRANTIES

5.1 Common provisions

Products sold by the Company are subject to the legal warranty conditions set out in articles L.217-4 to L.217-14 of the French Consumer Code and articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties, unless otherwise provided by mandatory, non-derogable and more favorable provisions that may apply under local legislation.

The Company will not accept any claim for Products that have been used improperly.

These warranties are valid only if the Customer makes the claim within twenty-four (24) months of delivery of the Product (for the legal warranty of conformity) or of discovery of the defect (for the legal warranty of latent defects) and in the prescribed form.

It is the Customer's responsibility to prove that he/she meets the warranty conditions.

In the event of a lack of conformity and/or hidden defects recognized by the Company, the Customer is invited to contact the Company's customer service department using the contact form available at www.goutalparis.com/pages/nous-contacter to find out about the conditions for returns and obtain a return slip.

Within the framework of the legal warranty of conformity, the Customer: (i) benefits from a period of two (2) years from the delivery of the good to take action; (ii) may choose between repair or replacement of the good, subject to the cost conditions set out in article L.217-9 of the French Consumer Code; and (iii) is exempt from proving the existence of the lack of conformity of the good during the two-year period.

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.

The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

5.2 Legal warranty of conformity

The Company shall deliver to the Customer a Product which conforms to the Purchase and is free from defects in conformity at the time of delivery of the said Product, in the sense that the Product shall be fit for the use normally expected of a similar good and that it shall present the characteristics presented at the time of sale.

The Company is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made its responsibility by the Purchase or has been carried out under its responsibility.

Defects of conformity which appear within twenty-four (24) months of delivery are presumed to have existed at the time of delivery, unless proven otherwise.

In the event of recognized non-conformity of a Product sold by the Company, the Customer may choose between repair and replacement of the Product, unless either of these options would entail a manifestly disproportionate cost for the Company.

If repair or replacement of the Product is impossible, the Customer may obtain a refund of the price paid and return the Product, or keep the Product and obtain a refund of part of the price, unless the lack of conformity is minor.

5.3 Legal warranty against hidden defects

The Company will deliver to the Customer a Product free from latent defects which would render it unfit for its intended use, or which so diminish this use, that the Customer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

In the event of a latent defect recognized in a Product sold by the Company, the Customer will have the choice of returning the Product and having the price and costs of the sale refunded, or keeping the Product and having part of the price refunded.

The return, replacement or reimbursement of the Product will be free of charge for the Customer and does not preclude the possible award of damages in the event that the Customer is entitled thereto.

5.4 Consumer Code and Civil Code provisions

The applicable provisions of the French Consumer Code are as follows:

- Article L.217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility".

- Article L.217-5 of the French Consumer Code: "To conform to the contract, the goods must: 1) Be fit for the use usually expected of similar goods and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2) Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter".

- Article L.217-12 of the French Consumer Code: “Action resulting from a lack of conformity is barred after two years from delivery of the goods”.

- Article L.217-16 of the French Consumer Code: "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for repair or from the date the item in question is made available for repair, if the item is made available after the request for repair.

The applicable provisions of the Civil Code are as follows:

- Article 1641 of the French Civil Code: “The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them”.

- Article 1648 paragraph 1 of the French Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”.

ARTICLE 6. INTELLECTUAL PROPERTY

All documents, information, texts, graphics, images, photographs or any other content distributed on the Site are the exclusive property of the Company or are used with the agreement of their owners.

They are protected by copyright, trademark, design right and/or any other intellectual property right, and related rights.

Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the express authorization of the publication director.

The Company holds all intellectual property rights (with the exception of authors' moral rights) relating to the Products and their packaging, and to the trademarks and distinctive signs under which the Products are marketed.

No license, nor any right other than that of acquiring the Products, physical supports and containers, is granted to anyone with regard to intellectual property rights, including labels, packaging, leaflets and other elements created by the Company at the specific request of the Customer.

Any reproduction, representation, use, adaptation, modification, incorporation, translation or commercialization, in part or in full, by any process and on any medium whatsoever (paper, digital, etc.) is forbidden without the prior written authorization of the Company's publishing director, under penalty of constituting an infringement of copyright and/or designs and models and/or trademarks, or unfair competition.

In this respect, the Customer undertakes not to infringe these rights in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for his/her own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to the Company.

ARTICLE 7. LIMITATION OF LIABILITY

The Company accepts no liability for any indirect, special or consequential loss or damage.

The Company's liability may be incurred in the event of proven fault or gross negligence, and will in such case be limited to direct and personal loss, to the exclusion of any indirect loss of any nature whatsoever.

ARTICLE 8. PERSONAL DATA AND COLD CALLING

The provisions relating to personal data transmitted between the Company and the Customer, in the context of the performance of the GTC, are set out in the personal data processing policy, which can be accessed here.

As a consumer, the Customer is informed that he/she has the right to register on the Bloctel telephone anti-solicitation list in accordance with article L.223-1 of the French Consumer Code.

ARTICLE 9. FORCE MAJEURE

Pursuant to Article 1148 of the French Civil Code, “Force majeure” refers to all external, irresistible and unforeseeable circumstances beyond the reasonable control of the party suffering from a case of force majeure.

In the event that the Company is prevented or delayed from fulfilling its obligations by a case of force majeure, the Company undertakes to inform the Customer within ninety-six (96) hours, specifying the precise elements constituting the force majeure and the reasonably foreseeable duration of the delay or impediment.

The Company will then be released from liability for non-performance or delay in performance of its obligations, but undertakes to use its best efforts to resume full performance without delay.

In such a case of force majeure, the Company may, at its own discretion, cancel the Purchase or any part thereof, without incurring any liability, but shall reimburse the Customer for any sums already paid. Under no circumstances may the Customer invoke a case of force majeure to free himself, even temporarily, from an obligation to pay a sum of money.

ARTICLE 10. DURATION

The GCS will remain in force until replaced by the new versions under the conditions of article 11.

ARTICLE 11. MODIFICATIONS

The Company may modify the GTC at any time and at its sole discretion.

The new GTS will come into force on the earlier of the following two dates: (i) their date of publication on the Site or of availability in the Boutiques, subject to the Customer having been informed of their online publication; or (ii) their communication by any written means and acceptance by the Customer.

The continuation of the Company's commitment by the Customer thus informed will be deemed to have been made by consenting to the new version of the GCS.

ARTICLE 12. APPLICABLE LAW AND JURISDICTION

These GCS shall be governed by and construed in accordance with French law. The language of this contract is French.

In the event of a dispute, the French courts shall have exclusive jurisdiction. However, in application of EC Regulation 593/2008 of June 17, 2008, the GTS do not preclude the application of a provision more favorable to the Customer, from which there can be no derogation by agreement, under the law of the country where the Customer has his habitual residence.

In accordance with the provisions of the French Consumer Code, in the event of a dispute relating to the application and/or interpretation of the GTS, the Customer may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.

In accordance with Ordinance no. 2015-1033 of August 20, 2015 and implementing decree no. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to Article L.612-2 of the Consumer Code, may be settled amicably by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris.

To submit a dispute to the mediator, the Customer may: (i) fill in the form on the CMAP website: www.cmap.fr under the “You are: a consumer” tab; (ii) send his request by ordinary or registered post to CMAP Médiation Consommation, 39, avenue Franklin D. Roosevelt, 75008 Paris; or (iii) send an e-mail to consommation@cmap.fr.

Regardless of the means used to refer the matter to CMAP, the Customer's request must contain the following elements in order to be processed promptly: postal, e-mail and telephone contact details, as well as the full name and address of the Company, a brief statement of the facts, and proof of prior contact with the Company.

Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation n°1215/2012 of December 12, 2012:

- The Customer may bring the matter either before the court of his place of residence, or before the courts within the jurisdiction of the Paris Court of Appeal ;

- The Company may bring the matter before the court of the Customer's place of residence.