General Terms and Conditions of Colostrum BioTec GmbH

Contractual conditions within the framework of purchase contracts concluded online via the platform between Colostrum BioTec GmbH, Richthofenstraße 21 1/2 , 86343 Königsbrunn, telephone number: 08231/98971-0, registered in the Commercial Register of the Augsburg District Court under HRB 30013, represented by the Managing Director Stefan Müller, VAT identification number: DE815602561 – hereinafter referred to as “Provider” – and and the customer designated in § 2 of these General Terms and Conditions – hereinafter referred to as the “Customer” are concluded.

§ 1 Scope of application, definitions

1. the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing. 2. the customer is a consumer insofar as the purpose of the ordered delivery and service cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

1. the customer can select products from the provider’s range and collect them in a so-called shopping cart using the “add to cart” button. By clicking on the button “order with obligation to pay”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual provisions by clicking on the “Accept GTC” button and thereby included them in his application. 2. the provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent by separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations. 3. the contract is concluded in German.

§ 3 Delivery, availability of goods

1. delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 3 to 4 days. 2. if no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. 3. if the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

§ 4 Retention of title

Colostrum BioTec GmbH retains ownership of the delivered goods until all payments have been received and all other claims against the customer arising from the order have been fulfilled. In the case of a current account, the reserved ownership of the deliveries (reserved goods) shall serve as security for the balance invoice of Colostrum BioTec GmbH. Any treatment or processing by the customer takes place under exclusion of the acquisition of ownership according to § 950 BGB on behalf of Colostrum BioTec GmbH. Colostrum BioTec GmbH becomes co-owner of the goods subject to retention of title according to the ratio of the net invoice value of its goods to the net invoice value of the goods to be treated or processed. The co-ownership share serves to secure the claims of Colostrum BioTec GmbH in accordance with paragraph 1. In the case of processing with other goods not belonging to Colostrum BioTec GmbH by the customer, the provisions of §§ 947, 948 BGB apply with the result that the co-ownership share of Colostrum BioTec GmbH in the new item is now considered reserved goods within the meaning of these conditions. The resale of the reserved goods is only permitted to the customer in the ordinary course of business and under the condition that he also agrees with his customers a retention of title in accordance with paragraphs 1 – 3. The customer shall not be entitled to dispose of the goods subject to retention of title in any other way, in particular by pledging them or transferring them by way of security. The customer must immediately notify Colostrum BioTec GmbH of seizures, confiscations and other threats to the property by third parties by sending copies of the relevant documents. The costs of an intervention of Colostrum BioTec GmbH shall be borne by the customer, unless the third party is able to reimburse them. In the event of resale, the customer hereby assigns to Colostrum BioTec GmbH all claims arising from the resale and other justified claims against his customers until all claims of Colostrum BioTec GmbH have been fulfilled. This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. The authorization of Colostrum BioTec GmbH to collect the claim itself remains unaffected. However, it will not collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. If the value of the securities existing for Colostrum BioTec GmbH exceeds its total claims by more than 20%, Colostrum BioTec GmbH is obliged to release securities of Colostrum BioTec GmbH’s choice at the customer’s request.

§ 5 Prices and shipping costs

1. all prices stated on the provider’s website include the applicable statutory value added tax. 2. the corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value of € 200.00, the supplier delivers to the customer free of shipping costs. 3. the goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer. 4. in the event of a withdrawal, the customer shall bear the direct costs of the return shipment.

§ 6 Payment modalities

1. the customer can pay by direct debit, credit card, cash on delivery or PayPal. The customer can change the payment method stored in his user account at any time. 2. payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the provider shall pay interest on arrears for the year at a rate of 5 percentage points above the prime rate. 3. the obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

§ 7 Warranty for material defects, guarantee

1. the provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. The warranty period vis-à-vis entrepreneurs for goods delivered by the supplier is 12 months. 2. an additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability

1. claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations of the provider are those whose fulfillment is necessary to achieve the objective of the contract. 2. in the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health. 3. the restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them. 4. the limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy

1. consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in para. 2. A sample withdrawal form can be found in paragraph 3.

Cancellation policy:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise the right to cancel, you must inform us, Colostrum BioTec GmbH, Richthofenstraße 21 1/2 , 86343 Königsbrunn, phone: 08231/98971-0, fax: 08231/98971-20,, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received by us, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 2. the right of withdrawal does not apply to contracts  for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,  for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded and  for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. 3. the provider informs about the model withdrawal form according to the legal regulation as follows: Sample withdrawal form (If you wish to withdraw from the contract, please complete and return this form). – To Colostrum BioTec GmbH, Richthofenstraße 21 1/2 , 86343 Königsbrunn, phone: 08231/98971-0, fax: 08231/98971-20, e-mail: – I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / provision of the following service (*) – Ordered on (*) / received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only in the case of notification on paper) – Date (*) Delete as appropriate

§ 10 Final provisions

1. the law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected. 2. if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider shall be the registered office of the provider. 3. the contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.