Conditions of Sale for Temporary Offers

Conditions of Sale for Temporary Offers

Version: 1.0.1 - Effective as of: September 22, 2025

Dupont and Jensen S.A. (the “The Company”) provides certain time-limited, one-time purchase opportunities (“Temporary Offers” or "Temporary Products") for goods, exclusive, and other offers through its B2B2C white-label mobile application (the “App”). These Conditions of Sale (“Conditions of Sale” or “Terms of Sales”) apply only to purchases of Temporary Offers sold directly by The Company and paid to The Company via the App. They do not apply to any other services or Permanent Offers (which are typically fulfilled by partners via reservation requests and are governed by separate terms). By purchasing a Temporary Product through the App, you (“the Customer”) agree to these Conditions of Sale, which supplement The Company general Terms and Conditions. In the event of any conflict, these Conditions of Sale prevail for Temporary Offer purchases.

1. Order Process

• Placing an Order: To purchase a Temporary Product, you must follow the prompts in the App to submit an order. Ensure that you review all details of the offer (description, quantity, price, any special conditions) before confirming. You may be required to provide information such as shipping address (for goods) or participant details (for experiences) and to confirm acceptance of these Terms of Sale at checkout. By placing an order, you represent that you are at least the legal age of majority (18 years in many jurisdictions) and meet any eligibility criteria stated in the offer (for example, age requirements for alcoholic items or physical condition for certain experiences).
• Order Confirmation and Acceptance: Your submission of an order constitutes an offer to buy the selected Temporary Product. Order acceptance by The Company occurs only when The Company confirms the order (for example, by sending an email stating that your order is confirmed/accepted). Mere payment processing or an automatic order receipt acknowledgment does not signify final acceptance of your order. The Company explicitly reserves the right to accept or decline your order at its discretion. If an order cannot be accepted or fulfilled (for example, due to availability issues, pricing error, or payment problems), The Company will promptly cancel the order and, if your payment was already processed, issue a full refund. Once an order is confirmed by The Company, a binding contract of sale is formed between you and The Company for the Temporary Product.

2. Payment Terms

• Pricing and Currency: All prices for Temporary Products are displayed in the App and are typically quoted in the currency stated (which will be clear at the time of purchase). Prices include applicable VAT/sales taxes. Some additional charges (such as shipping fees for physical goods or handling fees) may be communicated after you finalized your order, depending on the Customer request for shipping. This is to ensure the good or service is reserved as soon as possible for the Customer before discussing delivery specific details. The Company strives to ensure accurate pricing, but in the event of a manifest error in price or description, The Company reserves the right to correct it and either reconfirm your order with the corrected price or cancel the order and refund you.
• Payment Method: Payment for Temporary Offers is due in full at the time of order (excluding shipping). You will be offered one of the following payment methods at checkout:
  • Secure Payment Link: The Company will send you a secure link by email or message (via a trusted payment processor) where you can complete payment using a credit or debit card. This link will be valid for a limited time, and your order will not be confirmed until the payment is successfully completed.
  • Bank Transfer: You may choose to pay by direct bank transfer to the account of Dupont and Jensen S.A., using the payment reference provided at checkout. You are responsible for any bank fees or charges associated with the transfer. Your order will only be confirmed once the funds are received in full and correctly referenced.
• Payment Processing and Security: The Company may use third-party payment processors to securely handle your payment information. All payments are subject to validation and authorization by both the payment processor and the card issuer or relevant financial institution. If your payment is successful and the order is accepted, The Company will send a confirmation. You agree to bear any fees that your bank or payment provider may charge (for example, currency conversion fees or international transaction fees if applicable). The Company does not charge any fee beyond the stated price and shipping/tax for the transaction.
• Taxes and Duties: You are responsible for any taxes or duties applicable to your purchase that are not collected by The Company. The price and/or checkout display will ordinarily include the VAT. However, if you are ordering a physical product for delivery to a different country, you might be responsible for import duties, customs fees, or local taxes upon delivery. The Company has no control over these government-imposed charges and is not liable for them. Please check your local import rules if you are unsure. Non-payment of required duties or taxes resulting in a shipment being returned or destroyed is at your risk (and may be treated as a cancelled order subject to the terms herein).

3. Delivery and Performance

Temporary Products may consist of physical goods or experiences (such as private events or in-person experiences). The fulfillment method will depend on the type of product and will be indicated in the offer description. Some products are fulfilled by third-party suppliers or partners of The Company, while others are fulfilled directly by The Company (including, in some cases, personal hand-off or delivery by The Company’s staff). Regardless of who is fulfilling the order, The Company remains responsible for coordinating the delivery or performance of your purchase as outlined below:

3.1 Delivery of Physical Products

The Company (or its designated supplier/partner) will arrange shipment of physical goods to the shipping address you provide. Physical Temporary Products can be shipped globally unless the specific offer notes any geographic restrictions. Delivery will be made by a reputable courier or postal service, and you will be informed of an estimated delivery timeframe when your order is confirmed (e.g., via confirmation message or a tracking number once available).

• Shipping Timeframes: While The Company will make reasonable efforts to deliver within the estimated timeframe, delivery times are estimates and not guaranteed. Factors outside The Company’s control (customs clearance, logistics delays, force majeure events, etc.) can affect timing. If significant delays occur, The Company will try to inform you. However, The Company is not liable for delays in delivery due to external factors beyond its control (see Section 7 Limitation of Liability).
• Delivery Process: Depending on the value or nature of the item, a signature or personal acceptance may be required upon delivery. You are responsible for ensuring someone is available at the address to receive the shipment. If delivery is attempted and you are not available, it may be your responsibility to follow up with the carrier for re-delivery or pickup. The Company will provide reasonable assistance (such as carrier contact info or tracking) but is not responsible for losses resulting from your failure to collect a package or wrong address information provided by you. Please double-check that your shipping details in the order are complete and accurate.
• International Shipments: For international deliveries, the package will go through customs in the destination country. You acknowledge that import duties or taxes may be assessed by your country’s authorities. Unless stated otherwise, these charges are not included in the sale price. You (as the importer) are responsible for paying any such duties/taxes and for complying with any import requirements. If you refuse to pay required import taxes or fees, and the product is returned or destroyed by customs, The Company may not be able to refund the full purchase (non-refundable shipping costs or penalties may be deducted), so please be aware of your country’s import rules.
• Personal Hand-off: In certain cases (e.g., extremely high-value or unique items, or local deliveries within a specific area), The Company might arrange a personal hand-delivery. If personal hand-off by The Company is indicated, The Company will contact you to schedule a mutually convenient time and place to deliver the product directly to you. You must present a order confirmation at the hand-off to verify you are the purchaser (or authorized recipient). Once the hand-off is completed, the item is considered delivered.

3.2 Provision of Experiences

If your Temporary Product is an experience (such as a private event, exclusive in-person experience). The Company will fulfill your purchase by arranging for the promised experience or providing the digital goods as described:

• Booking and Confirmation: After your purchase is confirmed, The Company will provide you with details on how and when the experience will be carried out. For events or experiences, you will receive an event confirmation (e.g., a ticket, a booking reference, or a schedule with location details) via email or through the App. This will include the date, time, venue (if applicable), and any instructions or conditions for participation. It is your responsibility to ensure you (and any guest, if the experience is for multiple people and transferable) arrive on time at the correct location and comply with any provided instructions or requirements.
• Third-Party Providers: Many experiences will be hosted or delivered by a third-party partner (such as event organizer, venue, or specialist service provider) rather than The Company directly. In such cases, The Company acts as the seller and coordinator, but the actual experience may be carried out by that third party. The name or identity of the provider may be disclosed in the offer or in the confirmation details. You may be required to agree to or follow certain rules or sign waivers from the provider before participating (for example, safety rules for an adventure activity). The Company will endeavor to inform you of any such requirements in advance. While The Company carefully selects partners, the partner is ultimately responsible for the proper and safe conduct of the experience. The Company will assist you in resolving any issues, but please understand that your cooperation with the partner’s terms is necessary.
• Your Responsibilities During Experiences: For in-person experiences, you agree to conduct yourself in a manner that is safe, respectful, and compliant with the rules of the event or venue. You are responsible for your own transportation to and from the event (unless explicitly included in the offer) and for meeting any personal requirements (such as dress codes, fitness or health conditions for activities, or age restrictions). If you do not meet the required conditions or fail to attend at the designated time, you will not be entitled to a refund. Participation in any experience is at your own risk. To the maximum extent allowed by law, The Company is not liable for injuries, losses, or damages you may suffer in the course of participating, except where caused directly by The Company’s negligence (see Section 7 Limitation of Liability for more details).
• Changes or Cancellations of Experiences: The Company or its partner will make all reasonable efforts to deliver the experience as described and on schedule. However, events may be subject to change for reasons beyond The Company’s control (for example, venue issues, weather for outdoor activities, illness of a host, or force majeure circumstances). The Company reserves the right to reschedule or modify the details of an experience in such cases. If a significant change is necessary (e.g. postponement to a different date or a major change in content), you will be notified as soon as possible. If the new date or changes are not acceptable to you, or if the experience must be canceled entirely by The Company or the provider, Section 6 below (Cancellation and Refund Policy) outlines your rights to a refund or alternative.

4. Risk and Title Transfer (Physical Goods)

For sales of physical goods under Temporary Offers, the transfer of ownership (title) and the transfer of risk of loss or damage are governed as follows:

• Title Transfer: Title to (ownership of) the product will pass from The Company to you only after the full payment has been received. Until this condition is satisfied, The Company retains legal title to the product. This means, for example, that if only 50% of the payment is received, The Company can reclaim the product for non-payment.
• Risk of Loss: The risk of loss or damage to a physical product passes to you upon delivery of the item to you or to a person you designate to accept it on your behalf. "Delivery" in this context means the moment you (or your designated recipient) take physical possession of the product. If you organize the collection or shipping of the product by yourself (i.e., you instruct your own carrier to pick it up from The Company or partner, rather than using The Company’s arranged shipping), then risk passes to you once the product is handed over to your carrier. In all other cases, if The Company is arranging shipment, The Company bears the risk of loss until the item is delivered to you. Note: If the product is delivered to you and later you return it lawfully (for example, under a permitted return or warranty claim), the risk shifts back to The Company upon receipt of the returned item.

5. Cancellation and Refund Policy

Purchases of Temporary Products are generally final sale, meaning that once your order is confirmed, you cannot cancel or get a refund except in the limited circumstances described in this section or as otherwise mandated by law. Please review this policy carefully:

• All Sales Final – No Voluntary Cancellations: By design, Temporary Offers are often exclusive or limited availability deals; therefore, The Company does not voluntarily offer order cancellations, returns, or exchanges once an order is accepted. All purchases are final. You are not permitted to change your mind and cancel the purchase, nor to return a delivered product for a refund, unless a right to do so is provided below or by law. Make sure you intend to complete the purchase before confirming your order.
• Statutory Right of Withdrawal (Cooling-Off Period): Nothing in these Terms is intended to limit any statutory rights you have. Depending on your jurisdiction, you may have a legal right to withdraw from a distance contract within a prescribed period. For example, if you are a consumer in the European Union, you generally have the right to cancel an online purchase of goods within 14 days from the day after you receive the goods, for any reason (or no reason), and receive a refund. However, there are important exceptions to this right which may apply to Temporary Offers:
  • No Withdrawal for Dated Services: If your purchase is for a service related to leisure activities to be provided on a specific date or within a specified period (for example, a ticket to an event on a set date or a booking for an experience to occur on a particular day), the law often excludes this type of contract from the 14-day withdrawal right. This means you cannot cancel such bookings for a refund simply because you changed your mind.
  • Other Exceptions: Additional legal exceptions may include goods that are made to your specifications or clearly personalized, goods which are liable to deteriorate or expire rapidly (likely not common for Temporary Offers unless stated), sealed goods not suitable for return due to health protection or hygiene if unsealed by you, etc. If any Temporary Product falls under such categories, you may not have a right to cancel after purchase under those laws.

How to Exercise (if applicable): If your situation does fall under a legal right of withdrawal (for instance, you bought a physical good from The Company as a consumer in an applicable jurisdiction and none of the exceptions apply), you must inform The Company within the statutory period in a clear statement (e.g., by email to the customer support address provided in the App) of your decision to cancel. You will then be required to return the product, in unused and original condition, to the return address provided, at your cost (unless law provides otherwise). The Company will refund the price you paid for the product (including standard delivery costs, if any, but not any extra costs from non-standard delivery) within the timeline required by law (typically within 14 days of receiving your cancellation notice or of receiving back the goods, as applicable). Note: If you have used or damaged the goods, or fail to return them, you may be responsible for any loss in value, as permitted by law.

• Company-Initiated Cancellations & Unavailability: In rare cases, The Company or its supplier might not be able to fulfill your order after confirmation – for example, if a product was inadvertently sold twice at the same time, if a supplier fails to provide the promised item or service, or if an event is canceled by the organizer. If The Company cannot deliver the Temporary Product as agreed, it will notify you as soon as possible. In such cases, The Company will first attempt to find a reasonable solution (e.g., sourcing a comparable item or rescheduling an experience if feasible and if acceptable to you). If a substitute or rescheduling is not possible or you are not willing to accept it, The Company will cancel your order and provide a full refund of any amount you have paid for that product. This refund for non-fulfillment is without additional compensation, as The Company’s liability is limited to refunding the purchase price in these circumstances.
• Refund Process: When a refund is issued (whether due to a lawful cancellation, a Company-initiated cancellation, or an approved exception), The Company will process the refund to the original payment method you used. Please note that it may take a reasonable period for the refund to appear in your account, depending on your bank or payment provider’s processing times (usually a few business days). The Company will notify you when the refund has been processed on its side. If you have not received an expected refund within a reasonable time, please contact The Company’s customer support for assistance. Refunds will be issued in the same currency as the original charge; if you paid in a different currency and it was converted, the refund amount may slightly differ due to exchange rate fluctuations or third-party fees, for which The Company is not responsible.
• No Other Returns/Exchanges: Aside from the conditions above, The Company does not accept returns or exchanges for Temporary Products. Because of the unique and time-sensitive nature of these offers, once you have purchased it, you own it (barring defects or legal returns). Please make your selections carefully. If you gift a Temporary Product to someone, any rights to cancellation or refund (if applicable) can typically only be exercised by you as the contracting purchaser, and according to the terms above.
• Defective or Not-as-Described Products: This is addressed under Warranties and Defects (Section 6 below). If a delivered physical product is materially defective or not as described, or an experience is not provided with reasonable care and skill, you may have remedies despite the "all sales final" policy. Those situations are handled through repair/replacement or refunds as required by law, rather than as a change-of-mind return. See Section 6 for details on warranties and legal guarantees.

6. Warranties and Product/Service Defects

The Company wants you to receive what you paid for – therefore, all Temporary Products should materially conform to their description in the offer. However, except for the obligations expressly stated in these Terms or required by law, The Company disclaims any additional warranties and limits its responsibility for issues as described here:

• No Additional Warranties: To the fullest extent permitted by law, The Company makes no warranty or guarantee about the Temporary Products beyond what is expressly stated in the offer listing and these Terms. Unless explicitly provided in writing, The Company does not promise that products will meet any particular specifications or needs that are not described, and does not guarantee any specific outcomes from an experience. All products and services are provided “as is” and “as available” at the time of sale. Any implied warranties or conditions (including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or those arising by usage of trade) are excluded, except where it is unlawful to exclude them. In jurisdictions that do not allow the exclusion of implied warranties, any implied warranties are limited to the minimum duration and extent permitted by law.
• Consumer Guarantee and Legal Rights: Importantly, nothing in these Terms will prejudice the legal rights that consumers have under applicable law regarding faulty or misdescribed goods or services. If you are a consumer, under many jurisdictions (for example, EU consumer law), products come with a statutory guarantee that they will conform to the contract (e.g., legal guarantee of compliance or against hidden defects) for a certain period (such as a 2-year legal guarantee in the EU for new goods). Similarly, services must be carried out with reasonable care and skill. The Company will honor any such mandatory guarantees. This means if a Temporary Product you purchased fails to conform to the contract or is defective within the legally required timeframe, The Company will provide a remedy in accordance with law – usually this means we will arrange for repair or replacement of a defective good, or re-performance or appropriate compensation for a service, if required. If a repair or replacement is impossible or disproportionate, you may be entitled to a price reduction or refund. These remedies for defective or non-conforming products are provided as per your statutory rights and are not excluded by this Terms of Sale.
• Third-Party Manufacturer Warranties: If the manufacturer or original provider of a physical good offers its own warranty (for example, a watch manufacturer providing a 1-year limited warranty on a rare watch), The Company will pass along that warranty to you to the extent permissible. The Company itself does not directly assume responsibility for third-party warranties, but will assist you in contacting the manufacturer or facilitate warranty service when possible. For experiences, if a third-party provider has specific guarantees or satisfaction policies, The Company will communicate those to you or direct you to the provider, but The Company does not independently guarantee the performance of third-party services beyond ensuring you receive what was advertised or an appropriate remedy if you do not.
• Disclaimer for Experiences: The Company strives to partner with reputable providers for experiences. However, by their nature, experiences (such as events, tours, activities) can be subjective and dependent on many factors. The Company does not warrant that you will find the experience subjectively enjoyable or that it will meet all personal expectations. Any descriptions or photographs of experiences in the offer are provided for illustration and give a fair representation, but there may be variations (for instance, due to weather, availability of specific personnel, or other real-world conditions). As long as the core elements of the experience are provided as described, it will be considered fulfilled.
• Limitations: Except for remedies expressly provided under law or these Terms, The Company does not offer any returns, refunds, or remedies for issues beyond its control. For example, The Company is not responsible for damage or loss that occurs to a physical product after it has been delivered to you (see Risk transfer in Section 4), nor for accidents or incidents that occur during an experience which are attributable to your own actions or those of third parties (aside from the provider’s obligations). Any troubleshooting or customer service The Company provides is out of goodwill and to ensure satisfaction, but shall not be construed as an admission of liability or a new warranty beyond what is stated.

7. Limitation of Liability

To the maximum extent allowed by applicable law, The Company’s liability to you under or in relation to the sale or use of any Temporary Product is limited as set out below:

• Indirect Damages: The Company shall not be liable for any indirect, special, incidental, or consequential losses or damages. This includes, for example, no liability for loss of profits, loss of revenue, loss of business opportunity, loss of data, or damage to reputation that may arise from your purchase or use of the Temporary Product, even if The Company was advised of the possibility of such damages.
• Direct Damage Cap: To the extent permitted by law, in any event The Company’s total aggregate liability for any and all claims arising from a purchase or use of a Temporary Product (or from these Terms of Sale generally) will be limited to the amount you paid to The Company for that product or offer within one (1) month from the purchase or use for a Temporary Product. For example, if you purchased an experience for €500, The Company’s maximum liability for any issue related to that purchase would be €500. (excluding any shipping fees or taxes paid, which would also be refundable if that is part of the remedy). This cap applies whether the claim is based on breach of contract, tort (negligence, etc.), or any other legal theory.
• No Liability for Certain Causes: The Company and its fulfillment partners will not be responsible for failure to perform or delays in performing any obligation (such as delivering a product or hosting an event) if such delay or failure is caused by circumstances beyond The Company’s reasonable control. This includes, but is not limited to, events such as natural disasters, force majeure, war, terrorism, civil disturbances, strikes or labor disputes, pandemics or public health emergencies, power or communication outages, government restrictions, or any other force majeure event. In such cases, The Company’s obligations will be deemed suspended for the duration of the event. The Company will make reasonable efforts to notify you and mitigate the impact (for example, by arranging a new delivery date or venue when possible). If a force majeure event makes it impossible or impractical to fulfill the order in a reasonable time, The Company may cancel the order and provide a refund (as outlined in Section 5, Company-Initiated Cancellations), which will be your sole remedy.
• Scope of Liability: The limitations of liability in these Terms of Sale apply to The Company and its affiliated companies, and their respective directors, officers, employees, agents, and subcontractors or partners involved in the creation, sale, or fulfillment of the Temporary Products. All such parties benefit from these limitations to the extent permitted by law.
• Non-Excludable Liability: Nothing in these Terms of Sale is intended to exclude or limit any liability that cannot be excluded by law. For instance, if applicable law holds The Company liable for certain types of harm regardless of what the contract states, those laws will prevail. Specifically, no part of these Terms limits The Company’s liability for: (i) death or personal injury caused by The Company’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded under applicable law (such as certain statutory consumer protections or product liability laws). Additionally, these Terms do not exclude The Company's liability for failure to deliver products or services in breach of any fundamental duty, except to the extent such exclusion is permitted by law.
• Release for Third-Party Acts: To the extent a Temporary Product is provided or fulfilled by a third-party supplier (such as an experience host or a shipping carrier), The Company will not be liable for the acts or omissions of that third party beyond what is required by law. This means that if a third-party provider fails to perform or causes you damage, The Company’s responsibility to you may be limited to the remedies described in these Terms (for example, a refund or credit where appropriate), and The Company will not additionally owe damages for that third party’s conduct unless mandated by law. You agree not to hold The Company’s officers or employees personally liable for any issues related to third-party services. That said, The Company will reasonably assist you in resolving any such claims with the third party and will ensure you are not left without the minimum remedy that the law requires.

8. Governing Law and Jurisdiction

These Terms of Sales are governed by Luxembourg law. In the event of any dispute relating to their validity, interpretation or performance, and subject to the applicable mandatory provisions, the courts of the Grand Duchy of Luxembourg shall have jurisdiction.

However, if you are a consumer residing in a Member State of the European Union, you also benefit from the possibility of bringing proceedings before the competent courts, in accordance with the applicable rules on consumer protection.

9. Miscellaneous

• Entire Agreement: These Terms of Sale for Temporary Offers, together with The Company’s general Terms and Conditions of use and any specific terms included in the Temporary Offer’s description, constitute the entire agreement between you and The Company regarding your purchase of a Temporary Product. Any other statements or communications (e.g., marketing materials) not expressly included or referenced in these terms are for informational purposes only and do not constitute contractual warranties or terms.
• Relationship to General Terms: The Company’s General Terms and Conditions (the terms of service or use for the App/website) remain in effect and applicable to your use of the App and any transactions. These Terms of Sale are additional terms specifically governing the sale of Temporary Products. In case of a conflict between the general Terms and these Terms of Sale, these Terms of Sale will take precedence for matters relating to Temporary Offers. Otherwise, all provisions of the general Terms (such as those on governing law, dispute resolution, account use, privacy, and other general matters) apply here as well. For example, any choice of law or jurisdiction clause in the general Terms would also govern these Terms of Sale, and any dispute resolution process (like arbitration or court selection) would encompass disputes under these Terms of Sale.
• Amendments: The Company may update or amend these Terms of Sale from time to time, especially if new features are added to the App or if legal requirements change. However, the Terms that will apply to your purchase will be the ones in effect at the time you placed your order. We will not change the terms for an existing order after the fact without your agreement, unless we are required to do so by law. It is a good idea to review these Terms of Sale each time a new Temporary Offer interest you, to ensure you understand the conditions at that time. The Company will typically note the “Effective as of” date of these terms at the top for reference.
• Severability: If any provision of these Terms of Sale is found by a competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed removed or limited to the minimum extent necessary, and the remainder of the Terms shall remain in full force and effect. In other words, the invalid part will not affect the validity of the rest of the agreement.
• No Waiver: If The Company does not enforce a provision of these Terms of Sale, or delays in enforcing it, that does not mean The Company has waived its right to do so later. Any waiver of rights by The Company must be explicit and in writing to be effective.
• Contact Information: The official contact information for the Company for the purposes of these Terms is: Dupont and Jensen SA, 41A, Avenue Du Bois 1251 Luxembourg, B215820, [email protected], +352 26 20 25 53. You may use these details for sending any notices required under these Terms (for example, notices of legal claims or account termination). We encourage users to contact The Company using the Chat feature available in the App. The Company may update its contact information by providing notice to you through the App or via email.

By completing a purchase of a Temporary Product on the App, you acknowledge that you have read, understood, and agreed to these Terms of Sale.