TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE E-COMMERCE WEBSITE (“E-commerce Website”) The use of the E-commerce Website implies the express and complete knowledge and acceptance of these terms and conditions. The user who disagrees with these terms and conditions has the full right not to use the E-commerce Website. However, the use of the E-commerce Website fully demonstrates the full, total, and unconditional acceptance of the following terms and conditions. 1. Object. These terms and conditions regulate the relationship between the User and Sempertex de Colombia S.A. (hereinafter “Sempertex”) regarding the User’s access and use of the E-commerce Website owned by Sempertex (hereinafter,“ E-commerce Website”). The User, upon entering the E-commerce Page through any method or means known now or in the future and/or accepting the terms and conditions, is bound by them. The E-commerce Website is a Sempertex tool through which Sempertex will share advertising information of its products, catalogs, services, and in general information related to the company, for the knowledge of the user and/or to interest the user in acquiring any of them. 1.1. Users: Natural persons who meet all of the following requirements, in addition to any other established herein, may use the E-commerce Website: • Of legal age • Accept these terms and conditions; and • Authorize the processing of personal data in the terms of the Personal Data Processing Policy found at https://shop.sempertex.com/pages/politica-de-tratamiento-de-datos-personales 2. Scope of the terms and conditions. These terms and conditions fully govern the use of the E-commerce Website; therefore, by CLICKING on the I ACCEPT button or using the E-commerce Website, you express your understanding and full and total acceptance of these terms and Conditions, as well as the guidelines, rules, notices and other additional conditions and terms published on the E-commerce Website, which are an integral part of these terms and conditions. 3. Amendments. Sempertex can modify these terms and conditions at any time and will notify the User by email, on the E-commerce Website, or other effective means. The User must accept these changes when entering the E-commerce Website in order to continue using this Website in accordance with the new terms and conditions. 4. Updates. Sempertex is not obligated to update or improve the E-commerce Website. However, if Sempertex, at its sole discretion, updates, changes, decreases or improves the E-commerce Website, these terms and conditions will apply to such updates, changes, decreases, improvements, etc., unless otherwise indicated explicitly. For this purpose, Sempertex will notify the User about any updates, changes, decreases, improvements, etc., and the User must accept them to continue using the E-commerce Website. 5. Software. The User, directly or through a third party, may not use any software, service or application that modifies, closes, restricts, or redirects, or that attempts to modify, close, restrict, or redirect the E-commerce Website. The User will not access the E-commerce Website using automated processes (such as harvesting bots, robots, spiders, or scrapers), nor allow a third party to access and/or use the E-commerce Website on their behalf or in their name through an automated process such as robots or web crawlers or periodic storage of the information contained in the E-commerce Website. The User agrees to be solely responsible (to Sempertex and third parties) for all activities carried out on the E-commerce Website, and will hold Sempertex, its employees, shareholders, partners, subsidiaries, representatives, distributors, contractors and/or service providers, etc. (hereinafter, the "Indemnifiable Parties"), harmless for this concept. The User may not use any software or hardware that reduces the number of users who have access or use the E-commerce Website. 6. Intellectual Property. The User may not modify, copy, distribute, transmit, display, develop, reproduce, publish, grant licenses, store, create derivative works, disclose, assign, sell and in general commercially use any information, software, products, or services that are found in and/or are part of the E-commerce Website. All the content of the E-commerce Website, including but not limited to photographs, texts, drawings, brands, music, software, technical developments, designs, images and in general everything well protected by intellectual property rights, the image rights and/or ownership rights (hereinafter, the "Materials"), provided to be viewed, used, or downloaded through the E-commerce Website belongs and will belong to Sempertex or to third parties who have authorized to include them on the E-commerce Website. The User declares to know and accept that they do not have or will have any rights over the Materials and that the use they make of them must always be private, non-commercial, and not violating the honest uses in terms of intellectual property rights. The User may not reproduce, disassemble, decompile and/or use reverse engineering techniques on the E-commerce Website, the Materials, or the software of the E-commerce Website and/or the Materials. All Materials are protected by laws and provisions of international treaties on intellectual property law. Through these terms and conditions, the User is clearly and directly informed that the Materials are protected by national and international regulations of intellectual property law, so the User accepts that any use of the Materials outside of the honest uses in terms of intellectual property law is a use in bad faith, with the clear intention of harming Sempertex and/or a third party and obtaining a benefit for themselves or for a third party. If the User violates the intellectual property rights of another person, or if Sempertex receives information about a possible violation of the rights of third parties, Sempertex will be authorized to erase the information of the offending User immediately and pursue compensation for the damages caused to Sempertex as a result of the violation. The User is solely responsible for the content that the User uploads or uses on the E-commerce Website. 7. User Responsibility. Sempertex will use its best efforts to make the E-commerce Website a secure site but cannot guarantee it. The security of the E-commerce Website is also the responsibility of the User, which implies the following commitments: • Not to send or publish in any way unauthorized commercial communications (such as spam) on the E-commerce Website. • Not to collect content or information from other users, or otherwise access the E-commerce Website using automatic processes (such as harvesting bots, robots, spiders, or scrapers) without authorization from Sempertex. • Not to use the E-commerce Website for illegal multi-level marketing, such as pyramid schemes. • Not to upload viruses or malicious code of any kind. • Not to request information from other users or access the information of another user. • Not to annoy, intimidate or harass any user. • Not to post content that is hurtful, intimidating, or pornographic, that incites violence or that contains nudity or graphic or unjustified violence. • Not to use the E-commerce Website for illegal, deceptive, malicious, or discriminatory acts. • Not to take any action that could disable, overload, or affect the correct functioning of the E-commerce Website, such as, for example, a denial-of-service attack. • Not to facilitate or encourage the violation of these terms and conditions. In addition, as a condition for the use of the E-commerce Website, the User: (i) will not use the services for any illegal purpose that is prohibited by current regulations, by honest uses and/or the terms and conditions, or that violates the honor and good name of the Indemnifiable Parties or third parties; (ii) may not use the E-commerce Website in any way that may damage, disable, overload, reduce and in general modify the capacity of the E-commerce Website or interfere with its use and enjoyment by third parties; (iii) may not circumvent, deactivate or manipulate in any other way, or attempt to circumvent, deactivate or manipulate the security functions of the E-commerce Website, or alter or modify any part of the E-commerce Website; (iv) may not attempt to obtain unauthorized access to any account and/or information of third parties, or interfere and/or manipulate in any way the accounts, computer systems or networks related to the E-commerce Website; (v) may not obtain or attempt to obtain from the E-commerce Website and/or Sempertex any material or information by any means that has not been intentionally provided or made available through the E-commerce Website; (vi) may not offer services for commercial purposes to third parties or have the right to receive any amount of money from third parties for the use of the E-commerce Website, either directly or indirectly, without the explicit written consent of Sempertex; (vii) is entirely and exclusively responsible for the use it makes of the E-commerce Website and will hold the Indemnifiable Parties harmless for this concept; (viii) ensures that all the information the User sends, incorporates and/or declares in the use of the E-commerce Website is true and accurate and does not hide or alter information of any kind. If the User breaches the terms of these terms and conditions, in any way puts Sempertex at risk, or exposes it legally, Sempertex may block or restrict the User’s access to the E-commerce Website. 8. Uses of the E-commerce Website. The User may not use the E-commerce Website to advertise or offer to buy or sell products or services, or to run a business or develop a business activity or commercial activity of any kind without the explicit, written and prior consent of Sempertex. The User: (i) will not use the E-commerce Website in surveys, contests, pyramid schemes, chain messages, spam, bulk mail or any repetitive message, widely distributed or not; (ii) will not defame, abuse, harass, spy on, threaten or otherwise violate the legal rights of other people (such as the right to privacy) who use the E-commerce Website; (iii) will not create a false identity in order to mislead other users or Sempertex; (iv) will not publish, transfer, distribute, or disclose on the E-commerce Website any subject, name, information or inappropriate, irreverent, defamatory, obscene, indecent, intimidating, illegal or violence-inciting material; (v) will not transfer, offer sequences or otherwise provide files or other material that contains images, photographs, software or other material protected by intellectual property rights, the right to privacy or image, unless the User has the ownership or control of the corresponding rights or has received all the necessary consents to proceed in such a way; (vi) will not use any material, works or information, including images, texts and photographs, that are provided through the E-commerce Website in any way that violates the rights of third parties; (vii) will not transfer, stream or otherwise provide files or other material that contains viruses, "Trojans", "worms", time bombs, erasure programs, corrupted files or any other similar program or software that may harm the operation of the equipment of third parties, Sempertex and/or the Indemnifiable Parties; (viii) will not violate any code of conduct or any guideline that is applicable to the E-commerce Website; (ix) will not use the E-commerce Website to collect or gather in any way any information about third parties, including email addresses. Sempertex reserves the right to remove the information published on the E-commerce Website by the User when it deems necessary, without prior notice, and will not be responsible for the loss of said information in the event that the User does not have a copy. Sempertex respects the rules and rights of third parties and invites and requires Users to do so as well. Therefore, no User may upload to the E-commerce Website or use on the E-commerce Website materials or goods protected by intellectual property rights that they do not own or have an authorized license for their use. Any unauthorized use, in Sempertex’s judgment, will allow Sempertex to remove the User from the E-commerce Website. You may notify Sempertex by email (shop@sempertex.com) if you become aware of any material on the E-commerce Website that violates your intellectual property rights or those of a third party. 9. Supervision. By accepting the terms and conditions of the E-commerce Website, the User authorizes Sempertex to monitor and/or record communications, data transfers, file exchanges, browsing processes, etc., at any time, in order to verify compliance with the terms and conditions and in particular for the purposes of: (i) ensuring the User’s compliance with the terms and conditions; (ii) complying with applicable law and legal procedures; (iii) protecting the rights, property and interests of Sempertex, the Indemnifiable Parties and/or the general public; and/or (iv) supervise the provision of services. Sempertex also reserves the right to modify, refuse to transfer, or withdraw any information or material, in whole or in part, at Sempertex’s sole discretion, including the entire E-commerce Website, without the need for prior notice to the User. The closure of the E-commerce Website by Sempertex will be made at the sole discretion of Sempertex and will not generate any payments of commission, price, indemnification, penalty clause, fee, bonus, compensation or otherwise for the User. 10. Management of User Information. 10.1. By accepting these terms and conditions, the User authorizes Sempertex to collect, store, process, update and use the User’s personal information, consisting of: name, surname, home address, and email, for the Sempertex database. Sempertex will not share any personal information with third parties for third-party marketing purposes, or for fraudulent purposes or that violate the applicable regulations on personal data protection in Colombia. 10.2. Users must provide their accurate, precise, and true personal information (name, surname, physical address, email) in the means that Sempertex determines (hereinafter the "Personal Data") and assume the commitment to update the Personal Data as necessary. The Users declare and warrant that the Personal Data is accurate, true, current, and authentic. 10.3. By providing their Personal Data, the User is authorizing Sempertex to process their Personal Data in accordance with the purposes established in the Sempertex Personal Data Processing Policy, which can be found at the following link: https: // shop.sempertex.com/pages/politica-de-tratamiento-de-datps-personal With the authorization to process personal data, the User declares to know and accept the Personal Data processing terms of Sempertex, in accordance with the Personal Data Processing Policy found in the link provided above. 11. Disclaimer. Sempertex provides the E-commerce Website to the User "as is", "with all defects" and "as available", and the User assumes all risk related to its use. Sempertex and/or the Indemnifiable Parties are not responsible for the use that the User intends or will make of the E-commerce Website. Sempertex will not be responsible for the information provided by the User on the E-commerce Website, the User is directly responsible for the information provided. Sempertex is not obligated to provide a secure access to the E-commerce Website and free from interruptions or errors, nor is it obliged to correct defects in the operation or functionalities of any software that is provided to the User. Sempertex may modify the E-commerce Website or the functions at any time, in any way, and for any reason without prior notice. In no case will the Indemnifiable Parties (Sempertex included) be responsible for any direct and/or indirect damages based on or resulting from the User’s use of the E-commerce Website. If the User is not satisfied with any part of the E-commerce Website or with any of the terms of use provided in the terms and conditions, their sole and exclusive recourse will be to stop the use of the E-commerce Website. The User agrees to indemnify, protect, and hold the Indemnifiable Parties harmless against any claim or demand, including legal fees, filed by third parties resulting or arising from the User’s use of the E-commerce Website and/or of the Materials outside the terms of the Agreement. Sempertex has the autonomous, exclusive, and absolute right to prevent the User’s use of the E-commerce Website and/or to report the User to the competent authorities for non-compliance with the terms and conditions. And has also the right to collect any sums that may arise for the damages caused by the User. 12. Security. Sempertex uses appropriate technology and takes adequate security precautions for the development, operation, maintenance and/or use of the E-commerce Website. Except for the adoption of adequate security measures, Sempertex does not guarantee that the E-commerce Website is completely shielded against inappropriate use, disclosure, loss, sale, license, destruction etc., of your personal information and/or files on your computer by acts of third parties or that are beyond the control of Sempertex. It is the User’s personal responsibility to ensure that their computer is adequate and safe and is protected against software such as Trojans, computer viruses, computer worms and/or hacking. 13. Access. The E-commerce Website and its use are exclusively focused on the Republic of Colombia, even if accessible by users outside the Republic of Colombia. 15. Accurate information. The User agrees to provide true, accurate, current, and complete information when requested by Sempertex. The User agrees to keep their data and information accurate and up to date. Sempertex guarantees in any case the confidentiality and safe processing of the data provided by the User. 16. Sempertex understands that all the information entered by the User is true and is done voluntarily. 17. Cancellation of purchase. If customers want to cancel a purchase, they can do so through the Call Center 320 5422155, but if the product has already been sent by Sempertex to the address indicated by the Customer, the Customer must pay the cost of the withdrawal, which has the same rate as the shipping. Important information: This website, although it is a secure site, is not free of errors and consequently the general information, as well as the characteristics of the advertised products and prices may vary due to human or technological errors, manipulation by unauthorized third parties, viruses or any event of invasion or technological manipulation. Therefore, all transactions are subject to subsequent verification by Sempertex. The products and prices included in this website are aimed at the general public as undetermined persons and therefore a confirmation and acceptance by Sempertex of your purchase order and the payment made will always be necessary, at which time the corresponding invoice and the sale contract between the User and Sempertex will be executed. Consequently, the User expressly authorizes Sempertex and the bank or means of payment chosen for the transaction to reverse the transaction in case that the transaction is not confirmed for any reason.