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Legal notices and GSC

GENERAL TERMS AND CONDITIONS OF SALE — THE DIFFERENT COMPANY

PREAMBLE

These General Terms and Conditions of Sale (hereinafter “GTC”) are concluded between:

The company THE DIFFERENT COMPANY, S.A.R.L. with a capital of €606,980.00, whose registered office is located at 37 rue Louise Weiss, 75013 Paris, France, registered with the Paris Trade and Companies Register (RCS) under number B 423 541 697, Intra-community VAT number: FR84 423541697 (hereinafter “THE DIFFERENT COMPANY” or the “Seller”).

Commercial offices and customer service: 37-39 rue Louise Weiss, 75013 Paris, France.

Telephone: +33 9 81 72 83 40 — Email: info@thedc.fr

And:

Any adult natural person acting for purposes that are not part of their commercial, industrial, craft, liberal, or agricultural activity (hereinafter referred to as the “Consumer” or the “Client”), making a purchase of products on the website accessible at www.thedifferentcompany.com or its derived extensions (hereinafter the “Site”).

THE DIFFERENT COMPANY offers on the Site the sale of high perfumery products, body care, accessories, and home diffusers (hereinafter the “Products”). The Products are intended exclusively for the Consumer's personal use, formally excluding any professional purpose or commercial resale.

These GTC shall not deprive consumers residing in the European Union of the mandatory public order provisions provided by the legislation of their country of residence. For the application of these presents, the Consumer and THE DIFFERENT COMPANY are collectively referred to as the “Parties” and individually as a “Party”.

ARTICLE 1: SCOPE OF APPLICATION AND ENFORCEABILITY

1.1. These GTC govern all rights and obligations of the Parties arising from the online sale of Products offered on the Site.

1.2. Any order placed on the Site implies prior consultation and full, complete, and unreserved acceptance of these GTC by the Consumer, materialized by a checkbox before payment validation. This acceptance does not require a handwritten signature.

1.3. THE DIFFERENT COMPANY reserves the right to adapt or modify its GTC at any time. The version applicable to a purchase is the one in force on the Site at the time the Consumer places the order. The consumer is invited to save or print these GTC.

ARTICLE 2: PRODUCTS AND PRICES

2.1 Product Characteristics and Storage

THE DIFFERENT COMPANY presents detailed descriptions of each Product on the Site.

THE DIFFERENT COMPANY's compositions contain a high proportion of ingredients and essences of natural origin. Due to the nature of these raw materials, variations in shade, color nuance, or a slight visual evolution of the juice may be observed from one batch to another or over time. These natural variations are inherent to formulas rich in natural extracts, do not alter the quality, safety, or olfactory profile of the Products, and cannot be considered non-conformity or manufacturing defect.

Perfumes and olfactory creations must be stored away from direct light, humidity, and extreme temperatures. Prolonged exposure to these environmental factors can accelerate the natural oxidation of the juice.

2.2 Availability

Product offers are valid as long as they are visible on the Site, within the limits of available stock. In the event of exceptional unavailability of a Product after order validation, the Consumer will be informed as soon as possible by e-mail and may request either the shipment of an equivalent product or the cancellation and full refund of their order within fourteen (14) days.

2.3 Prices, Taxes, and Customs Duties

2.3.1. Prices are indicated on the Site in Euros (€) and, for certain geographical areas (notably the United States), in US Dollars ($ / USD).

2.3.2. For orders delivered within the European Union, prices are indicated inclusive of all taxes (TTC), at the VAT rate applicable in the country of delivery.

2.3.3. For all orders shipped outside the European Union, prices are invoiced excluding taxes (HT). The consumer is considered to be the official importer of the product. Customs duties, local import taxes, state taxes, or handling and customs clearance fees applied by the carrier may be required upon entry of the package into the destination territory. These amounts are set by local authorities, are not included in the price invoiced on the Site, and remain the sole responsibility of the Consumer. It is the Consumer's responsibility to inquire beforehand with the competent authorities in their country.

2.3.4. The indicated prices do not include shipping costs, which are calculated and added to the total amount of the order on the shopping cart page before final validation.

2.3.5. THE DIFFERENT COMPANY reserves the right to modify its prices at any time. Products will be invoiced based on the rates in effect at the time the order is registered, subject to availability.

ARTICLE 3: ORDER

3.1 Ordering Process

To place an order, the Consumer follows these steps:

  1. Select products and add to cart by clicking "Add to cart."

  2. Review and validate the cart (with the option to modify quantities or delete items).

  3. Enter billing and delivery details (identification or account creation).

  4. Choose the delivery method.

  5. Choose the payment method, review the order summary, expressly accept these GTC, then validate payment with payment obligation.

3.2 Order Confirmation and Proof

3.2.1. As soon as payment is validated, a confirmation email containing the order details (reference, ordered items, delivery address, amount paid) is sent to the Consumer.

3.2.2. The computerized records and emails kept in THE DIFFERENT COMPANY's systems constitute proof of communications, orders, and payments between the Parties.

3.2.3. THE DIFFERENT COMPANY retains full ownership of the Products until full payment of the entire price, including shipping costs and taxes.

3.2.4. In order to prevent fraud, THE DIFFERENT COMPANY reserves the right to request proof of identity and address to validate a suspicious order. In the absence of a response within fifteen (15) days, the order will be cancelled and refunded.

ARTICLE 4: PAYMENT

4.1 Payment Methods and Currencies

Purchases are paid for online at the time of order in Euros (€) or US Dollars (USD) depending on the option selected and available on the Site.

Accepted payment methods are:

  • Credit cards (Visa, MasterCard, American Express, etc.) via a secure payment platform applying reinforced authentication protocols (3D Secure).

  • PayPal or secure electronic wallets available during cart validation.

  • Installment or deferred payment via Klarna (e.g., payment in several installments or “Pay later”): the use of this solution implies full and complete acceptance of the general terms and conditions of use and credit of Klarna Bank AB (publ). The granting of financing is subject to Klarna's sole decision after solvency analysis. In the event of withdrawal or refund validated by THE DIFFERENT COMPANY, the amounts due or already debited are regularized directly in accordance with the terms of the Klarna contract.

In case of payment in a currency different from the currency of the Consumer's bank account, any exchange fees applied by the Consumer's banking institution remain their responsibility.

4.2 Security and Payment Incidents

The Consumer guarantees that they are fully authorized to use the selected payment instrument. In case of refusal of bank authorization or non-payment, the order will be automatically suspended or canceled. THE DIFFERENT COMPANY reserves the right to refuse any order from a Client with whom there is an outstanding payment dispute.

ARTICLE 5: SHIPPING AND DELIVERY

5.1 Delivery Methods and Transfer of Risks

Products are delivered to the postal address indicated by the Consumer when placing their order by partner carriers (Colissimo, Chronopost, DHL, etc.).

THE DIFFERENT COMPANY is fully responsible for the proper execution of the sales contract until the physical delivery of the package to the Consumer. The transfer of risk of loss or damage to the Products occurs when the Consumer (or a third party designated by them other than the carrier) physically takes possession of the package.

5.2 Indicative Deadlines, Carrier and Customs Delays

Average observed delivery times from dispatch are given strictly for informational purposes:

  • Metropolitan France: 2 to 4 working days.

  • International and European Union: 2 to 10 working days.

Saturdays, Sundays, and public holidays are not considered working days.

These deadlines depend on the activity of third-party transport providers, THE DIFFERENT COMPANY cannot be held responsible for unforeseen events or operational disruptions specific to carriers (in particular temporary congestion of postal networks, logistical incidents, weather conditions or customs retention), these indicative delays cannot give rise to the payment of compensation or late penalties.

In accordance with Article L. 216-1 of the Consumer Code, delivery must take place within a maximum period of thirty (30) days from the validation of the order and its full payment, unless expressly agreed between the Parties or in cases of force majeure. In case of exceeding this period, the Consumer applies the procedure detailed in Article 5.3 below.

5.3 Procedure in case of delivery delay, undelivered package and exceeding the deadline

In case of anomaly or abnormal delivery time, the Consumer follows these steps:

Step 1: Reporting and opening a carrier inquiry

Upon noticing a tracking blockage or an abnormal delay, the Consumer contacts Customer Service by e-mail at info@thedc.fr, mentioning the order number, the name and surname provided during the purchase, the complete delivery address, and the package tracking number. THE DIFFERENT COMPANY will then immediately open a formal complaint and an official inquiry with the concerned carrier.

Step 2: Course of the investigation

The carrier has a processing time to locate the package or rule on its status:

- If the package is found during the investigation, it is immediately rerouted to the consumer's address.

- If the investigation confirms the definitive loss of the package, THE DIFFERENT COMPANY will proceed, according to the consumer's choice, either to re-ship the order free of charge (subject to stock availability) or to a full refund.

No reshipment or refund can be made before the official closing of the investigation by the carrier or before the expiration of the maximum legal period of thirty (30) days.

Step 3: Exceeding the legal 30-day period and sales resolution

If the order has not been delivered by the expiration of the maximum period of thirty (30) days from its validation (excluding cases of force majeure):

- The consumer instructs THE DIFFERENT COMPANY, by e-mail (info@thedc.fr) or by registered letter with acknowledgment of receipt, to execute delivery within a reasonable additional period.

- If delivery has still not occurred by the expiration of this additional period, the consumer may notify in writing (e-mail or registered letter) the resolution of the sales contract.

THE DIFFERENT COMPANY will then proceed to a full refund of all sums paid by the Consumer (including standard delivery costs), within a maximum period of fourteen (14) days following receipt of the resolution notification, using the same payment method as for the order.

Late delivery and contract outcome:

The sole occurrence of a delivery delay beyond the indicative period or the thirty (30) day period does not entitle the Consumer to any penalty, compensation, or damages, provided that the order has actually been delivered.

In the event that the package is delivered to the Consumer after the latter has notified the cancellation of their order:

- If the Consumer wishes to maintain the cancellation of the sale, they undertake to refuse the package or return it intact and unopened to THE DIFFERENT COMPANY (using the return label provided by the Seller). The refund will only be validated upon effective receipt of the returned package.

- If the consumer accepts and keeps the delivered package, the sales contract remains fully valid and no refund is due.

5.4 Packages returned to sender and refusal of customs clearance

In the event that a package is returned to THE DIFFERENT COMPANY's warehouse (notably due to an incomplete or erroneous address, the mention "does not live at the indicated address," or failure to collect within the allotted time at a post office or relay point):

No re-shipment or refund will be made until the package has been physically received and inspected by THE DIFFERENT COMPANY at its premises.

After verification:

  • If a new shipment is requested by the consumer, the costs of this second shipment will be re-invoiced to them.

  • If the Consumer requests a refund, it will be made based on the amount of the returned products, minus the actual transport costs incurred for the initial shipment.

Packages refused for non-payment of customs duties:

If the consumer refuses delivery of their package or fails to pay the taxes, customs duties, or customs clearance fees claimed by local authorities or the carrier, resulting in the return of the package to THE DIFFERENT COMPANY's warehouse:

  • No refund will be issued before the actual physical receipt of the package and the verification of its integrity at THE DIFFERENT COMPANY's premises.

  • Any refund will be made based on the amount of the returned Products, less all actual costs incurred by THE DIFFERENT COMPANY (initial outbound shipping costs, return shipping costs charged by the carrier, and any re-import customs fees advanced).

5.5 Receipt and transport damage (broken bottles, leaks, defects)

It is the Consumer's responsibility to check the general condition of the package upon receipt.

In case of visible anomaly (damaged package, broken bottle, signs of liquid leakage, defective spray, missing item):

  1. Customer Service Report: The Consumer must inform Customer Service by e-mail at info@thedc.fr as soon as possible, providing the order number, a precise description of the damage, and clear photographs (package, carrier label, internal packaging, and damaged product).

  2. Return Policy: Upon verification, THE DIFFERENT COMPANY will send the Consumer a prepaid shipping label to allow them to return the damaged Product free of charge. Unless expressly waived in writing by THE DIFFERENT COMPANY (especially in case of complete glass breakage making transport dangerous), the re-shipment of a new Product or the refund is conditional upon the actual receipt and inspection of the defective or damaged Product at our premises.

  3. Processing: Upon receipt of the returned Product, THE DIFFERENT COMPANY will immediately, according to the Consumer's choice, reship a new compliant Product free of charge or fully refund the sums paid.

ARTICLE 6: RIGHT OF WITHDRAWAL

6.1 Period and conditions for exercise

The Consumer has a period of fourteen (14) clear days from the physical receipt of the Product(s) to exercise their right of withdrawal, without having to state reasons for their decision.

In accordance with Article L. 221-28 5° of the Consumer Code, the right of withdrawal cannot be exercised for Products that have been unsealed or opened by the Consumer after delivery and that cannot be returned for reasons of hygiene or health protection (including personal hygiene products, creams, emulsions, shower gels, and soaps).

To be eligible for return and refund:

  • Perfume bottles, gift sets, and diffusers must be returned in their original undamaged, unopened, unsprayed, and complete packaging, and, if they have a protective film (cellophane), it must remain sealed and undamaged.

  • Any Product that has been opened, partially used, sprayed, damaged, or whose original packaging has been damaged will not be refunded or exchanged.

To exercise their right, the Consumer must notify their decision before the expiry of the fourteen (14) day period:

  • By e-mail to: info@thedc.fr

  • Or by using the standard withdrawal form attached to these GTC, sent by postal mail to: THE DIFFERENT COMPANY – Internet Consumer Service, 37-39 rue Louise Weiss, 75013 Paris, France.

6.2 Return conditions and costs

The Consumer must return the Products without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw.

Direct return costs are the sole responsibility of the Consumer, except in case of a preparation error attributable to THE DIFFERENT COMPANY (in which case a prepaid label will be provided).

6.3 Refund

In case of withdrawal from the entire order, THE DIFFERENT COMPANY will refund all sums paid, including standard initial delivery costs. Additional costs related to the express choice of a more expensive delivery method than the standard method are not refunded.

In case of partial withdrawal, only the price of the compliant returned Products will be refunded.

The refund will be made within fourteen (14) days from the date of receipt of the returned Products or the provision of proof of shipment, via the same payment method used during the initial transaction.

ARTICLE 7: CONFORMITY AND LEGAL GUARANTEES

All Products offered benefit from the legal guarantee of conformity (Articles L. 217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the Civil Code).

7.1 Mandatory legal framework

Information on legal guarantees

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 case of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

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

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

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

The consumer may obtain a price reduction by keeping the goods or terminate the contract by obtaining a full refund against return of 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 significant inconvenience to the consumer, particularly when the consumer definitively bears the costs of recovery or removal of 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 also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not obliged to request repair or replacement of the goods beforehand.

The consumer does not have the right to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilized for repair or replacement suspends the remaining guarantee period until the goods are returned in working order.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who maliciously obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are kept or to a full refund against return of the goods.

7.2 Practical arrangements and exclusions

In case of a proven material defect (e.g., faulty bottle seal, malfunctioning spray pump, breakage), the Customer should contact Customer Service at info@thedc.fr. A prepaid shipping label will be sent to them to arrange the return free of charge.

Given the nature of olfactory creations, conformity is achieved by replacing the Product with a new one, or failing that, by refunding it if replacement is impossible.

The guarantee does not apply in case of deterioration or alteration of the olfactory profile resulting from improper storage by the Customer (prolonged exposure to direct light, UV, high temperatures), abnormal use, or negligence after delivery. In accordance with Article 2.1, shade variations resulting from the natural evolution of raw materials do not constitute a lack of conformity.

ARTICLE 8: LIABILITY

THE DIFFERENT COMPANY is fully responsible for the proper performance of the obligations arising from the distance selling contract.

However, its liability cannot be invoked in case of non-performance due to the Consumer (e.g., incorrect address), an unforeseeable and insurmountable act of a third party to the contract, or a case of force majeure within the meaning of Article 1218 of the Civil Code.

THE DIFFERENT COMPANY disclaims all liability for inconveniences inherent in the use of the Internet (service interruption, viruses, external intrusion).

ARTICLE 9: MISCELLANEOUS PROVISIONS AND LEGAL NOTICES

9.1 Personal Data (GDPR) and Telemarketing (Bloctel)

Personal data collected is essential for the processing, shipping, and invoicing of orders. It is processed by THE DIFFERENT COMPANY in accordance with the General Data Protection Regulation (GDPR - EU Regulation 2016/679) and the amended Data Protection Act.

This data is transmitted only to strictly authorized technical and logistics service providers. The Consumer has a right of access, rectification, portability, restriction, and deletion of their data by writing to info@thedc.fr. They can file a complaint with the CNIL (www.cnil.fr).

In accordance with Article L. 223-2 of the Consumer Code, the Consumer is informed of their right to register on the Bloctel telemarketing opt-out list (www.bloctel.gouv.fr). THE DIFFERENT COMPANY exclusively uses telephone numbers collected for the execution and follow-up of orders.

9.2 Force majeure

The performance of its obligations by THE DIFFERENT COMPANY will be suspended in the event of an unforeseen event or force majeure hindering or delaying performance.

9.3 Validity of clauses

These GTC and the sales concluded are governed by French law.

In case of a dispute, the consumer should first contact THE DIFFERENT COMPANY's Customer Service to seek an amicable solution:

  • By e-mail: info@thedc.fr

  • By mail: THE DIFFERENT COMPANY – 37-39 rue Louise Weiss, 75013 Paris, France

In accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes (Articles L. 612-1 et seq.), the Consumer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute with the Seller, in the absence of a prior amicable agreement or in the absence of a written response from the Seller within two (2) months.

The consumer mediation system is currently being affiliated. The complete contact details of the designated mediation body will be communicated to the Consumer without delay upon request sent to info@thedc.fr.

The consumer can also use the European Online Dispute Resolution (ODR) platform accessible at the following address: https://ec.europa.eu/consumers/odr.

In the absence of an amicable resolution, the competent courts will be designated in accordance with general legal rules.

APPENDIX: STANDARD WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from your order)

To the attention of:

THE DIFFERENT COMPANY – Internet Consumer Service

37-39 rue Louise Weiss, 75013 Paris, France

E-mail: info@thedc.fr

I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:

Order number: ____________________________

Ordered on: ____ / ____ / ________

Received on: ____ / ____ / ________

Product(s) description: ____________________________

Consumer's Name: ____________________________

Consumer's Address: ____________________________

Reason for withdrawal (optional — to help us improve our services):

_______________________________________________________

Consumer's Signature (only if notified on paper):

Date: ____ / ____ / ________