GENERAL TERMS AND CONDITIONS

OF THE PHYTO LOYALTY PROGRAM

 

GENERAL TERMS AND CONDITIONS OF THE PHYTO LOYALTY PROGRAM

ARTICLE 1: PURPOSE The PHYTO loyalty program (hereinafter the "Program") is organized under the direction of LABORATOIRE NATIVE, a simplified joint-stock company with a capital of 6,500,000 euros, headquartered at 4 Rue Euler, 75008 Paris, France, registered with the Paris RCS under number 882 773 658 (hereinafter the "Organizing Company").

The Program is a loyalty system allowing participants (hereinafter the "Member" or "Members") who purchase certain PHYTO products to accumulate loyalty points, under the conditions defined below, through which they can receive gifts and/or benefits (hereinafter the "Loyalty Offer").

The Program is implemented exclusively on the phyto.com website (hereinafter "Website").

ARTICLE 2: MEMBERS Participation in the Program is open to any individual of legal age residing in mainland France.

Participation is subject to the creation of a user account on the Website, which automatically implies acceptance of these terms and conditions, as well as the accumulation of points through purchases on the Website.

To create an account, the Member must provide a valid email address and choose a password. The account is personal, non-transferable, and reserved for private use only.

The Member can only hold one user account. Creating another account by any means, including using a different email address, is prohibited.

It is the Member’s responsibility to keep their information updated by logging into their personal space on the Website. The Organizing Company is not responsible for the non-receipt of a Loyalty Offer by the Member.

Participation in the Program requires fair conduct, meaning absolute respect for the rules and the rights of other members.

Responsibility of the Member: Accuracy of Information In addition to creating their account, Members may be asked to provide further personal information. The Member guarantees that this information is accurate.

Membership in the Program can only be validated if the details provided on the membership form are complete, legible, and usable.

The Organizing Company reserves the right to cancel a reward if the provided information is unusable or does not match the identity and address verification documents provided. The Organizing Company may request such documents for the distribution of gifts or benefits.

ARTICLE 3: POINTS ACCUMULATION MODALITIES Points are awarded based on specific actions or events, as detailed below.

When a product is purchased on the Website, loyalty points are automatically added to the Member’s account after the product is shipped and the order amount is charged through the Organizing Company's secure payment provider.

Points are also accumulated during account creation or through various promotional operations.

Points are credited to the Member’s account at the time of the action or event that generates the points.

Each member has access to their points balance:

Through their personal account on the Website;

By phone or email by contacting our Customer Relations Service.

Points are valid for up to 18 months from the date they are awarded. The acquisition of new points through the purchase of a product within the Program automatically extends the validity of all accumulated points by 18 months. After this period, unused points are reset to zero. No rollover of points will be granted.

"Bonus" points, which are not linked to a purchase, do not extend the validity of accumulated points.

The Member can acquire additional points during specific marketing actions.

The Organizing Company reserves the right to add or remove cases where points may be awarded.

Any dispute or claim regarding the number of points credited must be addressed to LABORATOIRE NATIVE – PHYTO Customer Service - 4 Rue Euler, 75008 Paris, France, or france@phyto.com.

ARTICLE 4: USE OF POINTS The Member can consult their points balance and history at any time on the homepage of their user account on the Website.

The use of points is not contingent upon making a purchase.

The Member may use their points in one or more transactions.

The points accumulated and credited to the Member's account may be converted into gifts or benefits listed in the "Choose My Gift" section in the Member’s personal space.

Subject to availability, the Member may freely select gifts they wish to receive from the proposed products. The loyalty benefits catalog may be personalized by country and is subject to change over time.

To benefit from their Loyalty Offer, the Member may choose to:

Include the gift(s) in an online product order;

Order them with the possibility of contributing to shipping costs if the gift(s) is ordered alone.

The shopping cart summarizes the selected gifts and the number of points to be spent, along with the products ordered and the order amount if a simultaneous purchase is made.

The number of points spent will be deducted from the Member’s points balance once the operation is validated or the order is confirmed.

ARTICLE 5: DELIVERY – RETURNS OF OFFERED PRODUCTS The delivery costs of the offered gifts are covered by the Organizing Company, with the possibility of the Member contributing to shipping costs, based on a standard delivery. These gifts will be delivered within 30 days.

When points are used in conjunction with a product order, the shipping costs, delivery method, and delivery times are determined according to the Website’s general sales conditions.

Offered gifts will be delivered to the address specified by the Member in their profile or during their product order.

Offered gifts cannot be contested, compensated, exchanged, or replaced.

Gifts not delivered due to issues with the Member's name or address will not be reassigned or resent and will remain the property of the Organizing Company. Points spent on these products will not be credited back to the Member’s account.

ARTICLE 6: RESPONSIBILITY OF THE ORGANIZING COMPANY The Organizing Company is not liable for any damages of any kind (personal, physical, material, financial, or otherwise) arising from participation in the Program. Participation implies acceptance of this condition. No claims will be accepted.

The Organizing Company disclaims responsibility for any dissatisfaction of Members regarding the offered products.

The Organizing Company will not be held liable if, due to reasons beyond its control or in case of force majeure (fire, flood, natural disaster, strike, etc.), or if circumstances require, the Program is shortened, modified, postponed, or canceled.

The Organizing Company reserves the right to suspend the Program if it determines that it can no longer ensure the security of Members' personal information.

Right to Exclusion and Fraudulent Use Any violation of these general terms and conditions, or fraudulent use of the Program by the Member or a third party acting on behalf of the Member, will result in the immediate deactivation and deletion of the loyalty account, as well as invalidation of points or cancellation of participation, without notice, and without any compensation.

The Organizing Company reserves the right, to prevent fraud, to deactivate a Member’s account from the loyalty program without any compensation.

ARTICLE 7: MODIFICATION OR TERMINATION OF THE PROGRAM The Organizing Company reserves the right to modify or terminate the loyalty Program (membership conditions, benefits, etc.) at any time.

In case of termination of the Program by the Organizing Company, it will inform Members, who will have 30 days to use their points balance. After this period, points will be permanently lost and no claims will be accepted.

ARTICLE 8: PERSONAL DATA To participate in the Program, the Member must provide the following mandatory information:

Email address,

Password,

Name,

First name,

Date of birth,

Postal address,

Landline or mobile phone number.

The personal data collected by the Organizing Company may be processed for the management of the user account, participation in the Program, delivery of offered products, customer relationship management, marketing, and statistical analysis.

These data are intended for the use of the Organizing Company and its commercial partners.

These data will be kept for the duration necessary to achieve the aforementioned purposes and archived for the legally applicable retention periods.

For the strict realization of these purposes, these data may be transferred outside the European Union to the Organizing Company’s technical service providers or commercial partners. These transfers will be made under conditions ensuring the protection and security of the personal data concerned.

Under French law, Members have the right to access, delete, rectify, and transfer their data, as well as the right to limit and oppose the processing of their data. They also have the right to provide instructions regarding the fate of their personal data after death.

Exercising the right to delete or oppose the processing of mandatory data will result in the exclusion of the Member from the Program.

For any request, please write to:

LABORATOIRE NATIVE – IT and Data Privacy Service – Phyto Website – 4 Rue Euler, 75008 Paris, or email: cil@laboratoire-native.com.

All requests must include the name, surname, postal address, and/or email address of the user, along with a copy of their identification. A response will be provided within one month of receiving the request.

Members may also file a complaint with the CNIL by sending their request to: CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

ARTICLE 9: ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS Participation in the Program implies full acceptance of these general terms and conditions. The Member certifies meeting all the necessary conditions to participate in the Program, in compliance with the terms of this document and applicable laws and regulations regarding promotional operations.

The Organizing Company reserves the right to modify these terms and conditions at any time. Modifications are effective upon publication on the Website. Any Member refusing the modifications must cease participating in the Program.

ARTICLE 10 : NON-WAIVER – SEVERABILITY

The failure of either party to act under this agreement does not constitute a waiver of the right to take action, except for an express and written waiver.

If any provision of this agreement is found to be invalid, void, or unenforceable for any reason, that provision will be considered severable from the rest of the agreement, and it will not affect the validity and enforceability of the remaining provisions.

ARTICLE 11 : DISPUTES – JURISDICTION

The Program is governed by French law. Unless there is a mandatory legal provision to the contrary, any dispute arising from the Program that cannot be resolved amicably will be submitted to the courts of Paris.

Finally, in the event that any clause of these terms and conditions is declared null and void, it will not affect the validity of the entirety of the terms and conditions.