TERMS AND CONDITIONS OF BITTERS ENERGY A.S.

1. INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as “terms and conditions”) of Bitters Energy a.s., with its registered office at Fügnerovo náměstí 1808/3, Nové Město, 120 00 Praha 2, ID No.: 06349595, registered in the Commercial Register maintained by the Municipal Court in Prague (hereinafter referred to as “seller”), govern in accordance with the provision of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) via the seller’s online store. The online store is operated by the seller on the website www.bitters.bio through the website interface (hereinafter referred to as the “web interface of the store”).

The terms and conditions do not apply to cases where a person intending to purchase goods from the seller acts in the course of ordering goods within their business activities or within their independent exercise of their profession.

Provisions deviating from the terms and conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language or its translation.

The purchase contract and the terms and conditions are governed by the legal order of the Czech Republic regardless of the linguistic form of their wording. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

2. USER ACCOUNT

Based on the buyer’s registration made on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as “user account”). If the web interface of the store allows, the buyer can also order goods without registration directly from the web interface of the store.

When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.

Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account and acknowledges that the seller is not responsible for any breach of this obligation by the buyer.

The buyer is not entitled to allow third parties to use the user account.

The seller may cancel the user account, especially if the buyer has not used their user account for more than 12 months, or if the buyer breaches their obligations under the purchase contract (including the terms and conditions).

The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

3. CONCLUSION OF THE PURCHASE CONTRACT

All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code do not apply.

The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are stated including value-added tax and all related fees, except for costs of delivering the goods and costs of payment for the goods. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.

The web interface of the store also contains information about the costs associated with packaging and delivering the goods. To order goods, the buyer fills out an order form in the web interface of the store. The order form contains, in particular, information about:

• the ordered goods (the ordered goods are “added” by the buyer to the electronic shopping cart of the web interface of the store),
• the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
• information about the costs associated with delivering the goods (hereinafter collectively referred to as the “order”).

Before sending the order to the seller, the buyer is allowed to check and change the data they have entered into the order, taking into account the possibility for the buyer to detect and correct errors made when entering data into the order. The order is sent by the buyer to the seller by clicking on the “send order” button. The information provided in the order is considered correct by the seller. The seller immediately confirms the receipt of the order to the buyer by electronic mail, to the buyer’s electronic mail address provided in the user interface or in the order (hereinafter referred to as the “buyer’s electronic address”).

The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer’s electronic mail address.

By concluding the purchase contract, the buyer confirms that they have familiarized themselves with these terms and conditions, including the complaints procedure, and that they agree with them. The buyer is adequately notified of these terms and conditions and the complaints procedure before placing the order and has the opportunity to familiarize themselves with them.

The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer themselves.

4. PRICE OF GOODS AND PAYMENT CONDITIONS

The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the buyer to the seller in the following ways:

• Online payment card

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

For orders of goods abroad, it is necessary to use delivery to foreign countries.

The seller does not require a deposit or similar payment from the buyer. This does not affect the provision of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

When paying the purchase price online by card through the payment gateway, the buyer is redirected to the internet banking of their bank or to a secure page for card payment. After completing the transaction, the payment gateway provides information about the payment to the seller, who can then ship the goods immediately upon receipt of the payment confirmation. If the payment is not made by internet banking or card within one (1) hour of ordering, the payment method can be changed to cash on delivery, or at the discretion of the seller, the order can be completely canceled. Sensitive input data entered by the buyer into the internet banking system is protected by bank payment gateways and is not accessible to third parties, and only information about the transaction that the bank provides with the sent transaction is available to the payment processors. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

The buyer acquires ownership of the goods by paying the full purchase price.

Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

If it is customary in business or required by generally binding legal regulations, the seller will issue a tax document – an invoice – regarding payments made under the purchase contract to the buyer. The seller is a value-added tax payer. The tax document – invoice will be issued by the seller to the buyer after the price of the goods has been paid and sent in electronic form to the buyer’s electronic address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

The buyer acknowledges that, according to the provision of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer’s wishes or for the buyer’s person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package that the buyer has removed from the package and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer programs if the original packaging has been broken, and from the purchase contract for the supply of newspapers, periodicals, and magazines.

Unless it is a case referred to in the previous paragraph, food supply, or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provision of § 1829 para. 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the purchase contract concerns several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. The

withdrawal from the purchase contract must be sent to the seller within the period mentioned in the previous sentence. To withdraw from the purchase contract, the buyer can use the model form provided by the seller, which forms an annex to the terms and conditions. The withdrawal from the purchase contract can be sent by the buyer to the seller’s address: 5. května 1173/1, Praha 4, Postal Code: 140 00, or to the seller’s electronic mail address info@bitters.bio.

In the event of withdrawal from the contract under the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by usual postal means. The goods must be returned to the seller undamaged and unused and, if possible, in the original packaging. The seller may require the buyer to pay only the costs established by the Civil Code. If the goods were purchased as a set or a 1+1 free promotion, etc., the goods must always be returned as a complete set.

If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the dissolving condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift becomes ineffective and the buyer is obliged to return the provided gift to the seller together with the goods.

In the event of withdrawal from the contract under the terms and conditions, the seller returns the funds received from the buyer, including the costs of delivering the goods in the amount corresponding to the cheapest offered method, within fourteen (14) days from the withdrawal from the purchase contract by the buyer, using the same method as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already when returning the goods by the buyer or in another way if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that the goods have been sent to the entrepreneur.

The buyer acknowledges that they are responsible to the seller for the decrease in the value of the goods that occurred as a result of handling these goods in a manner other than necessary to handle them with respect to their nature and properties. The seller is entitled to unilaterally offset the claim for damages caused to the goods against the buyer’s claim for a refund of the purchase price.

Until the receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller returns the purchase price to the buyer without undue delay, without cashless, to the account designated by the buyer.

6. TRANSPORT AND DELIVERY OF GOODS

If the mode of transport is agreed upon based on the buyer’s request, the buyer bears the risk and any additional costs associated with this mode of transport.

If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

If, for reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. In case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods met all conditions and requirements of transport and delivery. Unless proven otherwise by the buyer, it is assumed that the goods were delivered undamaged.

Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller, if issued by the seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code).

The seller is responsible to the buyer for ensuring that the goods have no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:

• the goods have the properties agreed upon by the parties, and if such an agreement is missing, the properties described by the seller or the manufacturer or expected by the buyer with respect to the nature of the goods and based on the advertising conducted by them,
• the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure, or weight and
• the goods comply with the requirements of legal regulations.

The provisions stated in the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed upon, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it results from the nature of the goods.

The buyer asserts the rights from defective performance with the seller at the address of the seller’s establishment: 5. května 1173/1, Praha 4, Postal Code: 140 00, where the receipt of the complaint is possible considering the range of sold goods, or even at the headquarters or place of business. The moment the complaint is made is considered the moment when the seller received the goods complained about from the buyer. The costs of asserting the rights from defective performance are borne by the buyer. However, in the case of a justified complaint, the buyer has the right to reimbursement of the necessary costs incurred in connection with the assertion of rights from defective performance.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The buyer acquires ownership of the goods by paying the full purchase price of the goods.

The buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow them or third parties to interfere unauthorized or use the software or other components forming the web interface of the store unauthorized.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. 1 letter e) of the Civil Code.

The buyer is not entitled to use mechanisms, software, or other procedures when using the web interface of the store, which could negatively affect the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not harm the rights of other customers of the seller and is in accordance with its purpose.

The out-of-court settlement of consumer complaints is ensured by the seller via the electronic address info@bitters.bio. The seller will send information on the handling of the buyer’s complaint to the buyer’s electronic address. The buyer also has the right to out-of-court settlement of a consumer dispute from the purchase contract, in accordance with Act No. 634/1992 Coll., on consumer protection, with the relevant body for internet sales of the seller according to these GTC being the Czech Trade Inspection Authority, contact can be found on the website www.coi.cz.

The seller is authorized to sell goods based on a trade license. Trade control is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended, to the extent defined.

The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

The protection of personal data of the user, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended, as well as by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”).

If the user has consented to the processing of their personal data, these data are processed by the company exclusively according to the Principles for Handling and Protecting Personal Data (hereinafter referred to as the “Principles”). The user declares that they have familiarized themselves with these Principles, agrees with their wording, and acknowledges the rights and obligations contained therein.

10. COOKIES

The buyer agrees to the storage of cookies on their computer. If the purchase on the website can be made and the seller’s obligations under the purchase contract fulfilled without the storage of cookies on the buyer’s computer, the buyer can withdraw their consent under the previous sentence at any time.

Use of Cookies

1. What are cookies?

Cookies are small text files stored on your device (computer, tablet, smartphone) when you visit our website. These cookies help enhance your browsing experience, remember your preferences, and customize the content you see.

2. How do we use cookies?

In our online store, we use cookies for various purposes, including:

• Essential cookies: These cookies are necessary for the website’s functionality and enable you to navigate our pages, make purchases, and access secure areas of the site. Without these cookies, some services would not be available.
• Functionality cookies: These allow us to remember your preferences and settings (such as your username, language, or region) to provide a more personalized experience.
• Performance cookies: These collect information about how you use our website, such as the pages you visit and the links you click. This information helps us improve the site’s performance.
• Marketing cookies: These are used to show you relevant and personalized ads based on your interests. These cookies also help us measure the effectiveness of our advertising campaigns.

3. Controlling and deleting cookies

You can control and/or delete cookies as you wish. For more information on how to do this, visit www.aboutcookies.org or www.allaboutcookies.org. Please note that if you choose to block or delete certain cookies, some parts of our website may not function properly.

4. Consent and changes to the cookie policy

By using our website, you consent to the use of cookies in accordance with this policy. We reserve the right to modify this cookie policy at any time. We recommend that you periodically review this page to stay informed about any changes.

5. Contact

If you have any questions or concerns about our cookie policy, please feel free to contact us through our contact form or by emailing info@bitters.bio.

11. DELIVERY

Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other

contracting party in writing, either by electronic mail, personally, or by registered mail through the postal service provider (at the sender’s choice). The buyer can be delivered to the electronic mail address provided in their user account or specified by the buyer in the order.

The message is delivered:

• in the case of delivery by electronic mail at the moment of its receipt on the incoming mail server; the integrity of the messages sent by electronic mail can be ensured by a certificate,
• in the case of personal delivery or delivery through the postal service provider upon receipt of the consignment by the addressee,
• in the case of personal delivery or delivery through the postal service provider also by refusal to take over the consignment, if the addressee (or a person authorized to take over the consignment for them) refuses to take over the consignment,
• in the case of delivery through the postal service provider, upon the expiry of a period of ten (10) days from the deposit of the consignment and the delivery of a call to the addressee to take over the deposited consignment, if the consignment is deposited with the postal service provider, even if the addressee did not learn about the deposit.

12. FINAL PROVISIONS

Rights and obligations not regulated by these GTC are governed by valid legal regulations, especially the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended. A written agreement between the contracting parties different from the GTC takes precedence over these GTC.

If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.

If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provisions will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and amendments to the purchase contract or the terms and conditions require written form.

The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

The annex to the terms and conditions includes a sample form for withdrawal from the purchase contract.

Contact details of the seller – address for delivery: 5. května 1173/1, Praha 4, Postal Code: 140 00, seller’s electronic mail address: info@bitters.bio, phone: +420 774 251 159.

These terms and conditions are effective from 25 May 2018.