General Terms and Conditions of Sale

1. SCOPE OF APPLICATION

1.1 These general terms and conditions of sale (hereinafter "Conditions" or "GTC") govern and are understood to be an integral part of the Orders (as defined below) submitted by consumers, as defined pursuant to Art. 3.1.(a) of Legislative Decree no. 206/2005 (hereinafter "Buyers") for the purchase of Products (as defined below), carried out at a distance through the website www.kienergy.it (hereinafter the "Website") from the company Ki-Energy S.r.l., with registered office in Via Monte Cimone, 47/B – 36073 Cornedo Vicentino (VI), VAT number 04534260247 (hereinafter the "Seller"). 1.2 These Conditions may be modified by the Seller at any time. Any modifications will be effective from the date of their publication on the Store in the section ["Terms of Sale"]. Therefore, the Buyer agrees to recognize the right to access the Website in order to consult and download, before making any purchase, a copy of the updated version of the Conditions. It is understood that the applicable Conditions are those in force on the date the Order is submitted, which are understood and consequently accepted by the Buyer according to the procedure indicated below. 1.3 The submission of an order through the Website implies full and unreserved acceptance of these Conditions. The sales contract is understood to be concluded at the moment the Seller receives the order and sends the user a confirmation notice of receipt of the same and of the payment, pursuant to Art. 51, paragraph 7, of the Consumer Code. 1.4 The Seller reserves the right to refuse or cancel an order, with the obligation to refund any sums already paid, in cases where it is not possible to proceed with its execution, including but not limited to product unavailability, errors in the data provided by the user, or suspicion of fraudulent use of the services offered. 1.5 Without prejudice to the application of any mandatory legal provisions, the conditions applied by the Buyer will not have the effect of integrating, overriding, or replacing the provisions of these Conditions.

2. DEFINITIONS

The following terms, when used in these Conditions, shall have the following meanings: "Buyer": means you or any other consumer as defined in Article 3.1.(a) of Legislative Decree no. 206/2005; "Cart": indicates the ["Cart"] section of the Store; "Conditions": indicates these general terms and conditions of sale, published in the ["Terms of Sale"] section of the Store; "Order Confirmation": indicates the communication sent to the Buyer directly from the Wix platform following the execution of the Order (effective at the time of payment) containing: (i) the list of Products purchased; (ii) the Price of the Products purchased; (iii) VAT, if due; (iv) delivery charges; (v) the Place of Delivery; (vi) the delivery term; "IP Rights": indicates the industrial or intellectual property rights owned by the Seller or licensed to the Seller, an associate, or the legal representative of the Seller, as defined in Article 15.1; "Force Majeure Event": indicates any circumstance unpredictable at the time the Order is issued and beyond the control of the Parties, such as, by way of example but not limited to, industrial disputes, fires, wars, extensive military mobilizations, insurrections, requisitions, seizures, embargoes, currency and import/export restrictions, epidemics (including Covid-19 and its possible variants), natural disasters, and terrorist acts, as well as national, governmental, regional, or local laws, regulations, or acts establishing restrictions on movement, work, and operations due to epidemiological circumstances (Covid-19, including its variants, and others); "Business Day": indicates any day (other than Saturday and Sunday) on which banks in Italy are open; "Privacy Policy": indicates the Seller's privacy information notice available and consultable in the footer of the Store; "Place of Delivery": indicates the place where the Seller, at the Buyer's expense, will deliver the Products; "Order": indicates the purchase order submitted by the Buyer to the Seller pursuant to and for the purposes of Article 3 of the Conditions; "Party": indicates individually the Seller or the Buyer; "Parties": indicates jointly the Seller and the Buyer; "Price": indicates the price stated in the Store with reference to each Product, intended as inclusive of VAT; "Products": indicates all products displayed on the Store; "Complaint": indicates the communication by which the Buyer notifies the Seller of any defects in the Products within the term indicated in Article 7.1; "Store" or "Website": indicates the store www.kienergy.it present on the Wix platform; "Seller": means the company Ki-Energy S.r.l., with registered office in Via Monte Cimone, 47/B – 36073 Cornedo Vicentino (VI), VAT number 04534260247.

3. ORDERS

3.1 The purchase of the Products by the Buyer will be deemed finalized at the time of successful and valid payment of the Price and relevant delivery costs. Therefore, the Buyer expressly acknowledges that placing Products in the Cart does not constitute a purchase and/or reservation of the Products and that, regardless of any communication from the Seller, placing Products in the Cart does not guarantee their future availability. 3.2 The Order can be sent by the Buyer according to the procedure referred to in Article 3.3, regardless of whether or not they have completed the registration procedure on the Store. 3.3 To place an Order, the Buyer must, after accessing the Store: (i) select the Products they wish to purchase; (ii) add the Products to the Cart by clicking on the ["Add to Cart"] button and click on the ["Checkout"] button, or click on the ["Buy Now"] button; (iii) indicate the Place of Delivery, select the shipping method from those indicated in the Store, and provide additional information relevant to the delivery of the Products; (iv) select the payment method from those indicated in the Store and provide the information requested for payment (e.g., email address, credit card number, expiration date, CVV number) and/or billing. Following the submission of the aforementioned information, an Order summary will be displayed on the Store and the Buyer must proceed to submit the Order by clicking on the ["Buy"] button, after having read, understood, and accepted the Conditions and the relative onerous clauses inserted therein. 3.4 Following the successful outcome of the payment, and therefore the execution of the Order, the Buyer will receive the Order Confirmation at the email address indicated when filling out the Order pursuant to Article 3.3 above. 3.5 The Seller reserves the right to remove or temporarily make certain Products unavailable for order in the Store in the event of their unavailability. Regarding this point, the Buyer expressly waives any claim for indemnity, compensation, or reimbursement for any damages deriving from the impossibility of purchasing certain Products due to their unavailability.

4. NATURE OF THE PRODUCTS, INFORMATIVE CONTENT AND LIMITATIONS OF REPRESENTATIONS

4.1 The Products marketed through the Store are food supplements pursuant to current legislation. The information on the Website, including that relating to the characteristics, properties, and benefits of the Products, is provided on the basis of available knowledge and existing scientific evidence and must be understood exclusively for informational purposes. 4.2 In accordance with applicable legislation on food supplements and commercial communications, it is expressly understood that such Products:

• are not intended to diagnose, treat, or prevent diseases;

• do not constitute medicines, nor can they be considered as such;

• do not replace a varied and balanced diet and a healthy lifestyle. 4.3 The information made available on the Store does not constitute, nor can it be interpreted as, medical or health advice. The Buyer is therefore required to consult a doctor or a qualified healthcare professional before taking the Products, particularly in the presence of specific clinical conditions.

5. REFERENCE TO SCIENTIFIC STUDIES AND LIMITATIONS OF EFFICACY

5.1 The Seller may publish references to scientific studies and research on the Website, including studies conducted in collaboration with academic institutions, including the University of Turin, in order to provide informational support regarding the characteristics of the Products. Such studies must be understood as scientific evidence referring to controlled experimental contexts and do not in any way constitute a guarantee of identical or uniform results for users. 5.2 The Buyer expressly acknowledges that the effects of the Products may vary based on subjective conditions and individual variables, including, but not limited to, health status, physiological characteristics, dietary habits, and lifestyle. Consequently, the Seller assumes no liability in relation to any lack of correspondence between the results indicated in the studies and those actually experienced by the Buyer.

6. PRICES AND PAYMENT METHODS

6.1 All Prices indicated on the Store are expressed in Euros and are intended inclusive of VAT, where applicable, and net of delivery charges, which are expressly indicated separately. 6.2 The Seller reserves the right to modify the prices of the Products at any time and without prior notice, it being understood that the Price applied will be the one indicated at the time the Order is submitted. 6.3 The Price will be paid by the Buyer according to the payment method chosen in accordance with Article 3.3. 6.4 Payment operations are managed by third-party providers acting as independent data controllers. The Seller does not access or store complete data relating to the payment instruments used by the Buyer.

7. SHIPPING AND DELIVERY

7.1 The Seller provides for the shipment of the Products through designated couriers. The Seller undertakes to deliver the Products to the Place of Delivery expressly indicated by the Buyer when filling out the Order pursuant to Article 3 above. The Buyer assumes full responsibility regarding the correctness of the address indicated for the purposes of this article and agrees that any failed deliveries caused by errors of this type can never be attributed to the Seller nor induce the latter to spend additional sums to carry out a correct delivery. 7.2 Delivery charges are those expressly indicated on the Store and in the Order Confirmation. 7.3 Any delivery terms indicated on the Website are merely indicative and do not constitute an essential element of the contract. Therefore, the Seller shall have the right to reasonably advance or postpone the delivery of all or part of the Products, without this representing, in favor of the Buyer, a valid ground to request the total or partial termination or cancellation of the Order, nor the payment of compensation or indemnity, nor a ground to invoke the Seller's liability for any other reason. 7.4 The Seller cannot and shall never be held liable for delivery delays deriving from defaults by third parties (e.g., carriers in charge of transport) and/or from the occurrence of Force Majeure Events. 7.5 If the Buyer delays, refuses to receive, or defaults in receiving all or part of the Products, the Seller may, at its sole discretion, require the Buyer to execute the Order, or declare its total or partial termination. In both cases, the Seller will retain the right to claim from the Buyer compensation for all losses and damages suffered due to the refusal or default. 7.6 The packaging of the Products will be prepared by the Seller at its exclusive discretion, in the manner deemed most appropriate and suitable to safeguard the integrity of the Products during transport. Except in the case of willful misconduct or gross negligence of the Seller, the latter can never be held liable for any damages, direct or indirect, deriving from the choice or implementation of the packaging.

8. RIGHT OF WITHDRAWAL

8.1 The Buyer shall be entitled to a period of 14 (fourteen) days starting from the date of receipt of the Products to withdraw from an Order without giving any reason and without being required to pay any sum. 8.2 For the purpose of exercising the right of withdrawal, the Buyer must send a scanned copy of the withdrawal form attached to these Conditions in Annex 1 (or another explicit statement containing the same information), duly filled in and signed, to the following email address: info@kienergy.it. 8.3 Pursuant to Art. 59, paragraph 1, lett. e) of the Consumer Code, the right of withdrawal is excluded in the case of the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. Therefore, the right of withdrawal cannot be exercised if the product is opened, used, or if the security seal has been removed or tampered with. 8.4 Without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer communicated to the Seller their decision to withdraw from the Order pursuant to Article 8.2, the Buyer must return the Products to the Seller's premises, or any other site indicated by the Seller in writing, using the original packaging or any other packaging that can guarantee the integrity of the returned Products and following the instructions communicated by the Seller or by the customer care service designated by the same. 8.5 If the right of withdrawal has been exercised in accordance with the provisions of this article, the Seller will duly notify the Buyer and refund the Price paid for the returned Products. Such amounts will be refunded without undue delay and, in any case, within 14 (fourteen) days from the date on which the Seller was informed of the Buyer's decision to withdraw from the Order pursuant to Article 8.2. In any case, the Seller shall have the right to withhold the refund until it has received the Products or until the Buyer has demonstrated that the Products have been shipped, whichever situation occurs first. The Seller will carry out the refund using the same means of payment used by the Buyer to purchase the returned Products. 8.6 Shipping costs for the return of the Products shall be borne entirely by the Buyer. 8.7 The Buyer is liable for any diminished value of the returned Products. 8.8 In the event that the Buyer has not complied with the terms and conditions for exercising the right of withdrawal, the Buyer will not be able to obtain any refund of the sums paid to the Seller.

9. USER LIABILITY AND CORRECT USE OF PRODUCTS

9.1 The user undertakes to use the purchased products in compliance with the instructions provided and their intended use. 9.2 The user declares, under their own responsibility, to have verified the compatibility of the products with their health status and to be aware of the possible effects deriving from taking them. 9.3 The Seller cannot be held liable for damages deriving from improper, non-compliant, or negligent use of the products, nor for any individual reactions such as, by way of example, allergies, intolerances, or undesired effects linked to the personal conditions of the user.

10. DEFECTS AND WARRANTIES

10.1 Any claim relating to defects that render the Products sold unfit for the use for which they are intended, significantly decrease their value, involve a lack of promised or essential quality, or defects that prevent the correct functioning of the Products, must be notified to the Seller, under penalty of forfeiture, within 2 (two) years from the date of receipt of the Products by email to be sent to the following email address: info@kienergy.it (hereinafter, the "Complaint"). 10.2 The Complaint must contain, under penalty of inadmissibility or otherwise the impossibility of investigation, all the information necessary to allow the Seller to verify the merits of the report, and in particular: (i) the reference Order number; (ii) a detailed description of the defect or non-conformity found; (iii) suitable supporting documentation, including, where possible, photographic or video documentation useful to allow a preliminary assessment of the defect. The Seller reserves the right to request further information or documentation, as well as to proceed, where necessary, with a direct verification of the Product. 10.3 If, following the verification, the Complaint is deemed timely and well-founded, the Buyer will be entitled to the remedies provided for by the applicable legislation, pursuant to Articles 135-bis et seq. of the Consumer Code, such as, at their choice: restoration of conformity by replacing the Product; a proportional reduction of the price; or termination of the contract in the cases provided for by law. Without prejudice to the Seller's right to propose an alternative remedy to the Buyer that does not involve excessive expenses, pursuant to current legislation. The costs of returning the Product found to be non-conforming will be borne by the Seller. 10.4 In view of the nature of the Products (food supplements) and the related hygiene and health constraints, the right to replacement or restoration of conformity may be excluded in cases where the Product is found to be: (i) opened, used, or lacking the security seal; (ii) incorrectly stored; (iii) altered with respect to its original state at the time of delivery. In such cases, the defect cannot be considered original nor attributable to the Seller. 10.5 If the Consumer requests the replacement of the Product with shipping to countries located outside the territory of the European Union, the Seller, in consideration of the shipping costs and connected logistical complexities, reserves the right to propose an alternative remedy, such as a refund or price reduction, within the limits permitted by applicable legislation. 10.6 The Seller will not be liable for defects or non-conformities deriving, even indirectly, from one or more of the following circumstances: (i) improper use or non-compliant use of the Product with respect to the instructions provided; (ii) incorrect storage of the Product; (iii) failure to comply with the methods of use or warnings reported; (iv) individual characteristics of the Buyer, including allergies, intolerances, or personal conditions; (v) force majeure events or facts not attributable to the Seller. Any liability for defects that are not original or that arose after delivery due to causes not attributable to the Seller is also excluded. 10.7 Upon receipt of the Complaint, the Seller, also through its customer service or designated parties, will provide feedback to the Buyer within a reasonable time, communicating the operating methods for managing the non-conformity, including any instructions for returning the Product.

11. LIMITATIONS OF SELLER’S LIABILITY AND CLAIMS REGULATION

11.1 The Seller undertakes to present the Products and relevant information in compliance with current legislation on food supplements, commercial practices, and advertising, adopting criteria of fairness, transparency, and truthfulness. However, it is expressly understood that all information on the Website, including that relating to the benefits, characteristics, and effects of the Products, does not in any way constitute representations of a therapeutic nature, nor can it be interpreted as suitable for diagnosing, treating, or preventing diseases. The Buyer acknowledges that any benefits associated with the Products do not constitute a guarantee of result and may vary based on individual conditions, such as, by way of example, health status, physiological characteristics, dietary habits, and lifestyle. 11.2 Except as provided by mandatory provisions of law and, in any case, save for cases of willful misconduct or gross negligence, the Seller cannot be held liable for any damages, direct or indirect, deriving from the use of the Products or from the Buyer's reliance on the information present on the Website. In particular, by way of mere example and not limitation, the Seller cannot be held liable for: (i) loss of profit or opportunity; (ii) failure to achieve expected results; (iii) costs incurred for the purchase of substitute or additional products or services; (iv) indirect, consequential, special, or unpredictable damages. 11.3 The Buyer also acknowledges that access to and use of the Website take place autonomously and under their own exclusive responsibility. The Seller does not guarantee that the Website is free from errors, interruptions, or malfuctions and cannot be held liable for any damages deriving from the impossibility of accessing or using the same, save for cases of willful misconduct or gross negligence. 11.4 It is in any case understood that the overall liability of the Seller towards the Buyer, for any reason, contractual or tortious, cannot exceed the total amount paid by the Buyer for the purchase of the Products subject to dispute. 11.5 The Seller assumes no liability in relation to incorrect interpretations of the information on the Website, nor for the attribution to the Products of effects or properties not permitted by current legislation, including representations of a therapeutic nature formulated by the Buyer or third parties, including within reviews or user-generated content.

12. REVIEWS AND USER-GENERATED CONTENT

12.1 The Website may allow users to publish reviews or other content. Such content represents exclusively the personal opinions of the users and does not constitute statements or commitments by the Seller. 12.2 It is expressly forbidden to publish content that attributes therapeutic properties or effects to the products that do not comply with current legislation or are suitable to constitute misleading commercial practices pursuant to Legislative Decree 206/2005. 12.3 The Seller reserves the right to monitor, modify, or remove, even without prior notice, content that is unlawful, misleading, or non-compliant with applicable regulations.

13. OBLIGATIONS OF THE BUYER

The Buyer undertakes not to: (i) cause malfunctions of the servers and/or network used by the Seller; (ii) use access to the Store to publish or transmit information, software, or other material containing viruses or other harmful components; (iii) use information available only after accessing the Store to share it with competing companies of the Seller.

14. FORCE MAJEURE

14.1 The Seller shall have the right to suspend the performance of its obligations if such performance is prevented by a Force Majeure Event. 14.2 The Seller must notify the Buyer, within a reasonable time, of the occurrence of a Force Majeure Event. From the moment the Buyer receives the notification relating to the Force Majeure Event, the Seller will be entitled to suspend its contractual obligations for 3 (three) months. If the Force Majeure Event does not cease by the end of the aforementioned period, each Party shall have the right to terminate the Order.

15. TRADEMARKS AND INDUSTRIAL PROPERTY RIGHTS

15.1 The Buyer acknowledges and agrees that nothing contained in these Conditions or in the Order can or must be interpreted as conferring on the Buyer any right and/or title and/or interest in any intellectual or industrial property right (including, by way of mere example and not limitation, images, logos, photographs, layout, design, know-how covered by copyright, trademarks, patents, models, and/or other industrial and intellectual property rights recognized by Italian and international law) owned by the Seller and/or its successors and/or legal heirs. Similarly, the Buyer acknowledges and agrees that nothing contained in these Conditions or in the Order can be interpreted as conferring on the Buyer any right, title, or interest in any intellectual or industrial property right licensed to the Seller and/or in the name of the Seller, its partners, or its legal representatives (hereinafter, all the aforementioned, "IP Rights"). 15.2 The Buyer undertakes not to register or have registered the IP Rights, nor to register or have registered trademarks, patents, names, or distinctive signs that could be confused with the IP Rights or to register domain names that could be confused with the name of the Seller.

16. PERSONAL DATA PROTECTION

16.1 The processing of personal data provided by the Buyer will take place according to the methods and for the purposes indicated in the Privacy Policy, published and consultable in the footer of the Store. 16.2 The Seller undertakes to process the Buyer's personal data in accordance with the content of the aforementioned policy, which the Buyer declares to have viewed, read, and understood. 16.3 In any case, the Seller cannot be held liable for any damages deriving from errors or omissions in the communication of personal data by the Buyer or in case of failure to communicate updates to the same.

17. APPLICABLE LAW AND JURISDICTION

17.1 These Conditions, Orders, and Order Confirmations shall be governed exclusively by Italian law. The applicability of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded. 17.2 For any dispute relating to the interpretation, execution, or validity of these General Terms and Conditions of Sale, if the Buyer qualifies as a consumer, the court of the place of residence or domicile of the same shall have jurisdiction, pursuant to Art. 66-bis of the Consumer Code. In other cases, the Court of Vicenza shall have exclusive jurisdiction. 17.3 Alternatively, the Buyer residing in the European Union may choose to access the platform for out-of-court dispute resolution made available by the European Commission at https://ec.europa.eu/consumers/odr.

18. MISCELLANEOUS

18.1 The invalidity, illegality, or ineffectiveness of any of the provisions contained in these Conditions does not affect the validity or effectiveness of the remaining provisions. 18.2 The failure or delay by the Seller to exercise any right or remedy provided for by the Conditions shall not constitute a waiver of such right or remedy.

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Buyer expressly approves and accepts the content of the following paragraphs of the Conditions: Article 1.5 (jus variandi); Article 3.5 (waiver of reimbursement, indemnity, or compensation); Article 7.1 (exclusion of liability); Article 7.3 (limitation of liability); Article 7.4 (exclusion of liability); Article 7.6 (limitation of liability); Article 8.6 (shipping costs); Article 9.3 (exclusion of liability); Article 10.4 (limitation of remedies for defects); Article 10.6 (limitation of warranty); Article 11 (limitation of liability); Article 17 (competent forum).

Last updated: 04.06.2026