Terms and Conditions for Utilizing the Loyalty Points System

S&B POINTS

STORZ & BICKEL GmbH (hereinafter “S&B”) has implemented a free loyalty points system to reward private customers for their loyalty by collecting so-called S&B points (customer retention program). Subject to the following terms and conditions, customers can participate in the loyalty points system and collect and redeem points.

I. Participation in the loyalty points system S&B Points

1. Eligibility
Only individual natural persons who have reached the age of 18 are eligible. No legal entitlement to participation approval exists.

2. Start of participation
Participation starts upon customer’s request by opening a personal customer account at www.storz-bickel.com For this purpose, the customer provides the first and last name, date of birth, gender, an email address and a password. Each natural person must open and keep one account only.

II. Points – S&B points

1. General

a) Points value:
10 points have a value of EUR/USD 0.25.

b) Transferability
The points and the balance on the loyalty points account cannot be transferred to third parties. Selling, exchanging or any other transfer of points to third parties is not permitted.

c) Account balance:
Participants can check the current balance of their loyalty points account on their personal customer account at www.storz-bickel.com / “My S&B Points”.

2. Earning points

a) General provisions:
Points can be earned as of the start of participation pursuant to Section I.2. Points may only be credited to personal customer accounts for activities carried out by participants themselves. A maximum of 10,000 points may be collected.

b) Options to earn points:

• Earning points by opening a customer account
  By opening a personal customer account and the associated participation in the loyalty points system S&B Points, participants shall be credited a starting balance of 200 points to their loyalty points account.
• Earning points by ordering
  For each order, participants shall be credited 1 point for each EUR/USD of the order amount (VAT not included) to their loyalty points account. If participants redeem previously collected points for an order, the value of the redeemed points shall not be considered for crediting points for this order.
• Earning points by referring friends
  By inviting friends via the invitation tools in the personal customer account, participants can earn 50 points per invited friend. Prerequisite for crediting the points to the participant’s loyalty points account is that the invited friend accepts the invitation and opens a customer account at S&B. Earning points by referring friends is limited to a maximum of 4 friends. Once friends who have been invited by the participant have placed on order, the loyalty points account of the inviting participant is credited with 120 point for each invited friend (however, no more than 4 times).
• Earning points by product reviews
  For each product review by the participant on www.storz-bickel.com, the participant’s loyalty points account is credited with 10 points. For each ordered product only one product review may be submitted. Earning points by product reviews is limited to a maximum of 10 reviews.

c) Crediting process:
Points are automatically credited to the participant’s loyalty points account after carrying out the action that is required for earning points. Any order that was placed prior to the start of participation cannot be credited. If points were credited by mistake or in the case of abuse pursuant to Section II.3.b) by the participant, S&B reserves the right to retain the corresponding credit or delete it from the participant’s loyalty program.

3. Redeeming points

a) General provisions:
Each participant can redeem points collected on their loyalty points account via their personal customer account in the form of a discount applied to subsequent orders in the Online shop of S&B. For this purpose, participants can redeem available bonus points for a corresponding discount during the payment process in the “Review & Payments” section. After redeeming the S&B points, the cart value must not be EUR/USD 0.00 or less.

The Points cannot be redeemed for cash or for repair orders. Any type of payment other than the aforementioned discount applied to subsequent orders in the Online shop of S&B is excluded.

In the case of a cancellation of the order according to the rules within the applicable time period pursuant to the Terms and Conditions of S&B, the corresponding points credit is withheld or deleted from the customer’s loyalty points account.

b) Abuse:
Any participant acts abusive as defined by these Terms and Conditions for Utilizing the Loyalty Points System S&B Points if, contrary to Section I.2, they open more than one customer account, contrary to Section II.1.b) transfer or sell points to third parties, exchange points, or manipulate the account balance on the loyalty points account in any manner.

In the event of abuse the participant is responsible for, S&B reserves the right to block the personal customer account of the participant and/or refuse to issue a points credit or redemption of points. The right to cancel pursuant to Section III. and the right to assert further claims against the participant, including compensation for damages, remain unaffected.

4. Expiry of points
Collected points that are not redeemed within 36 months after credit to the loyalty points account shall expire. The corresponding expiry date of the points can be checked in the section “My S&B Points” in the personal customer account.

III. Canceling participation in the loyalty points system S&B Points

1. Ordinary notice of termination
Participants may terminate the contractual relationship at any time in writing without giving any notice.

An ordinary notice of termination by S&B without specifying any reasons is only possible by complying with a notice period of four weeks to the end of a calendar month.

2. Extraordinary notice of termination
S&B can terminate this contractual relationship by an extraordinary notice of termination for an important reason without complying with a notice period. In particular, any culpable gross violation of the participant against these Terms and
Conditions for Utilizing the Loyalty Points System S&B Points constitutes an important reason. The same applies in the case of abuse pursuant to Section II.3.b).

3. Validity of points in the event of a termination
In the event of an ordinary or extraordinary termination by the participant or S&B and unless an earlier date of expiry is in effect pursuant to Section II.4, credited points shall remain valid for a time period of 4 weeks after receipt of the notice of termination. With the deletion of the customer account at S&B, points shall expire without replacement.

IV. Program cancellation

S&B reserves the right to cancel the loyalty points system S&B Points at any time and terminate participation contracts by means of ordinary notices of termination. Section III, 1 and 3, var. 1, applies accordingly to such terminations. The same applies in the case that the loyalty points system S&B Points is replaced by a different program. In this case, the participant also is entitled to terminate pursuant to Section III.1.

V. Liability

The following applies to any damages that incur to participants in connection with their participation in the loyalty points system of S&B:

In the case of a specifically expressed guarantee, S&B shall be liable for intentional and grossly negligent violations of duty and any injuries to life, body or health that S&B is responsible for. For property damages and financial loss due to ordinary negligence, S&B shall be responsible only in the event of violation of material contractual obligations (so-called cardinal obligations), i.e. an obligation, fulfillment of which allows contract performance in the first place and compliance with which the participant normally relies on and may rely on, however, limited to the foreseeable damage typical for the contract. In any other case, liability of S&B is
excluded.

The extent that the liability is excluded or restricted based on the above provision also applies to the personal liability of S&B employees, representatives or other vicarious agents.

VI. Data storage

Personal data of the participant is electronically stored by S&B and is processed and utilized for the purposes of contract fulfillment and to the extent necessary for business transactions and as permitted within the limits of the German Data Protection Act. In particular, this data includes the data provided by the customer during the request for participation when opening a customer account (“master data”) and data acquired by S&B in connection with customer’s participation (especially when collecting and redeeming points). For details, please see the Data Privacy Declaration of S&B.

VII. Changes to the loyalty points system S&B Points or conditions for its utilization

S&B reserves the right to change and supplement the terms and conditions for utilizing the loyalty points system S&B Points, crediting points or any other described processes unless participants would be disadvantaged in bad faith. Claims for compensation by participants against S&B based on changes due to country-specific legal changes are excluded.

Changes to or supplements of these Terms and Conditions for Utilizing the Loyalty Points System S&B Points shall be announced in writing. Changes to or supplements of these Terms and Conditions for Utilizing the Loyalty Points System S&B Points shall be considered approved if a participant does not appeal in writing within two months after announcement. S&B shall specifically point out this consequence with the announcement. If participants appeal against the change or supplement, their participation can be terminated pursuant to Section III.1 of these Terms and Conditions by means of an ordinary notice of termination.

VIII. Choice of law and jurisdiction

For contracts between S&B and the participant, the laws of the Federal Republic of Germany, excluding the United Nations Convention of Contracts for the International Sale of Goods, shall apply. Legal provisions for restricting the choice of law and
applicability of mandatory rules and regulations, especially of the country of participant’s main residence as a consumer, remain unaffected. With respect to the place of jurisdiction, the applicable legal provisions apply to local and international jurisdiction.