Terms of purchase

1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") regulate the rights and obligations of the parties to the Sales Contract between the Seller, i.e. ExoTrade s.r.o.; Komenského 22, 945 01 Komárno, Slovakian Republic, company registration number: 54709938 (hereinafter referred to as the "Seller") and the Buyer (hereinafter referred to as the "Buyer") (collectively referred to as the "Parties"), the subject of which is the use of the Seller's online shop website - www.reefcentral.eu - (hereinafter referred to as the "Webshop") (hereinafter referred to as the "Sales Contract or Contract").

1.2 Contact and detailed identification of the Seller:

• E-mail:                                                             office@reefcentral.eu
• Phone:                                                             +421 940510047
• EU tax number (Community tax number):     SK2121765041
• Tax registration number:                                 2121765041
• Mailing address:                                              ExoTrade s.r.o.
                                                                               Komenského 22
                                                                               945 01 Komárno
                                                                               Slovakian Republic

Supervisory authority:

• Inšpektorát SOI pre Nitriansky kraj (Slovakian Trade Inspectorate)
• Stanicná 1567/9, 949 01 Nitra, Slovakian Republic
• Odbor výkonu dozoru (Supervision Department)
• www.soi.sk

1.3 The Buyer may be a natural person or a legal person/company, to whom different rules may apply in certain cases.

Natural person: a natural person who concludes a Contract with the Seller not acting in the course of his business, profession or employment.
Legal person/company: a natural or legal person registered in the commercial register and having a tax number, who concludes a Contract with the Seller acting in the course of his business, employment or profession. If the Buyer fills in the name of the company/company and provides its EU tax number in its order, it acknowledges that it is bound by the application of the special rules laid down in these GTC, which are specifically applicable to companies.

1.4 Given that these GTC are published on the Seller's Webshop and are therefore available and accessible to all Buyers prior to the conclusion of the contract, by placing an order the Buyer acknowledges and confirms that he has read and accepted the contents of these GTC prior to the conclusion of the contract. The Customer also declares that it has expressly read and acknowledges that it is bound by the text of these GTC and the annexes thereto in force and in effect at the time of placing the order.

1.5 The Buyer acknowledges that, when purchasing the product(s) distributed by the Seller, the Buyer is not entitled to use trademarks, trade names, company logos, etc. registered by the Seller's contractual partners, unless an individual agreement has been concluded between the Parties for specific cases.

1.6 The Buyer shall be responsible for the accuracy and validity of the data provided by him when ordering the products/services and shall guarantee their authenticity.

1.7 If the Customer orders the Products and/or Services, the Customer shall receive an invoice for the same, which shall contain the subject matter and other details of the agreement between the Parties.

2.1 The Seller shall in particular:

1. Deliver the ordered Goods to the Buyer in the quantity and quality ordered and pack or prepare them for delivery in such manner as is necessary to preserve and protect them; and
2. Provide the Buyer, at the latest together with the Goods, with all the documents necessary for the receipt and use of the Goods, in written or electronic form, and any other documents required by the legislation in force, in order to protect and preserve the Goods in accordance with the applicable legal provisions.

2.2 The Seller shall be entitled to claim payment in full from the Buyer of the purchase price of the Goods ordered, on the basis of the relevant invoice issued by the Seller and sent to the Buyer by electronic means or by post, after the order has been confirmed by the Seller.

2.3 The Seller shall have the right to deliver the goods in the quantity, quality, time and place agreed in the agreement (order).

2.4. In such a case, the Seller shall contact the Buyer as soon as reasonably possible and inform/agree with him/her on the possibilities and conditions of a substitute delivery.

This Seller is further entitled to reject the order for non-discriminatory reasons at that time:

1. If the Buyer is in debt to the Seller
2. If the Buyer has previously failed to take delivery of the goods on several occasions when he should have done so
3. or if the Seller fears that acceptance of the order may cause damage

2.5 The Buyer shall in particular:

1. Take delivery of the ordered goods at the time of delivery
2. To pay the agreed purchase price to the Seller duly and within the agreed due date on the basis of the invoice for the agreed purchase price

3.1 The sales contract is concluded at the moment when the Buyer accepts the Seller's binding offer to conclude a sales contract, which is done by filling in the order form (the form filled in and submitted by the Buyer, hereinafter referred to as the "Order").

3.2 The binding acceptance of the offer to conclude the contract, the Purchase Order, shall be made by the Seller without undue delay, normally within two working days of receiving of the Purchase Order, after checking the availability of the Goods, the relevant prices and the delivery date requested by the Buyer. The binding acceptance shall be made by electronic mail (e-mail) with "Confirmation of Purchase Order" or similar semantic indication and in any case accompanied by an invoice/pro-forma invoice issued by the Seller. This e-mail is not the same as and should not be confused with the e-mail confirming the successful registration of the received order, as detailed in point 3.3 of the GTC, which is automatically and immediately generated by the Webshop's system.

If the price or delivery date of the product(s) ordered is justifiably different from the price or delivery date currently indicated in the Webshop, the Seller will contact the Buyer (in writing, by e-mail) before confirming the order and will consult with the Buyer to agree whether the Buyer accepts the price/delivery date change according to the terms and conditions that may be offered. The contract of sale shall only be deemed to be concluded if the Buyer agrees in writing to the amendment of the price/delivery date and the Seller subsequently confirms this in writing to the Buyer, thereby accepting the order.

3.3 As soon as the Seller's webshop successfully registers the received order, it generates an automatic confirmation of the order, which is delivered to the Buyer's e-mail address immediately after the order is received. This confirmation is for information purposes only and informs the Buyer that the order has been successfully registered and does not constitute a binding acceptance of the Seller's offer to enter into a contract.

4.1 The Buyer shall pay to the Seller the purchase price of the Goods as set out in the contract of sale and in the relevant invoice within the time limit for payment, including the costs of packaging and delivery of the Goods and any additional services (the "Purchase Price").

4.2 Detailed and up-to-date information on payment methods can be found in the "Payment" section of the Webshop. Some payment methods may not be available for all orders, for example due to their value or the selected delivery method. The Buyer will be informed of any restrictions by the Seller's staff during the processing of the order.

4.3 Any shipping and packaging costs will be accurately calculated upon receipt and processing of the order. Orders/shipping from outside the European Union may be subject to customs duties. Any customs duties and charges due shall be borne by the Buyer, who shall settle them in the amount and in the manner prescribed by the generally binding legislation of the host country.

4.4 If the Buyer pays the purchase price to the Seller by bank transfer, the date of payment shall be the date on which the full purchase price is credited to the Seller's cash account.

5.1 The Seller shall deliver the Goods to the Buyer without undue delay, but not later than 30 days from the conclusion of the contract, unless otherwise agreed by the Parties. If the Seller fails to deliver the Goods within the time set, the Buyer may require the Seller to deliver the Goods within a reasonable additional period, which shall also be determined by the Buyer.

5.2 If the Buyer fails to take delivery of the Goods in the absence of a prior written withdrawal from the contract, the Seller shall be entitled to claim from the Buyer and invoice him for the actual costs incurred in delivering the order.

5.3 The Buyer shall be obliged to take delivery of the Goods from the representative of the carrier making the delivery, either personally or by appointing a third party to take delivery on his behalf. If, for reasons on the part of the Buyer (for example, the Buyer or his agent is not available at the time and place of delivery), it becomes necessary to repeat the delivery, any additional costs incurred shall be borne by the Buyer.

5.4 The Buyer shall be entitled to check the integrity of the Goods at the time of delivery without delay. 5.4.4 If the Buyer discovers any transport or packaging damage on receipt of the Goods, he shall be entitled to refuse to take delivery of the Goods. The transport company shall, in the presence of the Buyer and at the request of the Buyer, record the damage to the Goods. On the basis of the written damage report received, the Seller may - after having settled the damage with the carrier - ensure that the defect in the Goods is remedied, grant a discount on the purchase price or, in the case of irreparable defects, deliver new Goods to the Buyer. Subsequent complaints of this nature must be substantiated.

5.5 Detailed and up-to-date information on delivery options and delivery terms can be found in the "Delivery terms" section of the Webshop. Certain delivery methods may not be available for all orders. Any limitations and options may be communicated to the Buyer by the Seller during the order processing.

5.6 The Buyer, as the recipient of the Goods, agrees that the invoice will be issued and sent to him in electronic form (as an e-mail attachment). After the conclusion of the Purchase Contract, the Seller shall not be obliged to comply with the Buyer's request to correct or modify the data on the invoice subsequently, in particular with regard to the change of the Buyer's identity and/or the delivery address to another country.

5.7 The Purchase Contract is concluded subject to the termination condition that if the Buyer does not take delivery of the Goods within 5 days of the date of the Seller's written request to this effect and does not agree an alternative date of delivery with the Seller, the Purchase Contract shall be null and void from the beginning, the Contracting Parties shall return and/or refund everything they have taken delivery of, in particular the Goods and the Purchase Price thereof, including the Seller's right to claim compensation for damages pursuant to Article 5.2.

6.1 The Goods shall remain the property of the Seller until full payment of the purchase price. The Goods shall be delivered by personal delivery using a parcel service.

6.2 The risk of possible damage or deterioration of the Goods shall pass to the Buyer at the moment of receipt of the Goods from the Seller or from the agent of the carrier delivering the Goods on the spot. Delivery shall also be deemed to have taken place when the Seller allows the Buyer to dispose of the Goods but the Buyer does not take delivery of them.

7.1 With regard to complaint handling and Warranty/Guarantee, the Seller distinguishes between Dry Goods/Products - in this respect Chapter 7 of these GTC shall apply - and Live Goods categories. With respect to Live Goods, the Seller provides the Buyer with a special so-called Live Arrival Warranty (hereinafter referred to as LAW Warranty), the detailed terms of which are set out in Chapter 8 of these GTC.

7.2 The handling by the Seller of complaints/complaints relating to the Goods - Dry Goods/Products - and their failure shall be governed by the provisions of this Complaints Policy.

7.3 The Seller shall be responsible for any failure of the Goods during the warranty period and the Buyer shall be obliged to report any complaint regarding any defect/malfunction to the Seller without delay.

7.4 The right of warranty may only be exercised for Goods which are defective, are covered by the warranty period and have been purchased through the Seller's Webshop.

7.5 During the warranty period, the Buyer shall be entitled to have the defect remedied, free of charge to the Buyer, upon return of the Goods to the Seller, including all accessories.

7.6 Complaints received by the Seller in written form, on paper or electronically, shall be dealt with by the Seller without delay. If the Goods are defective/break down during their intended use, the Buyer shall be entitled to lodge a complaint with the Seller by filling in the Complaint Form (Annex 1 to the GTC), and then:

or by sending it electronically, while also sending the goods complained about to the Seller by one of the following means
or in paper form with the goods complained about and by sending them together by one of the methods listed below.

The ways of sending the complaint:

1. Delivery of the Complaint Form and the goods complained about together to the address below:
   ExoTrade s.r.o.
   Komenského 22.
   945 01 Komárno
   Slovakia
2. Delivery of the complaint form by electronic means (as an e-mail attachment) and personal delivery of the goods complained about to an authorised representative of the Seller at a time and place agreed in advance.

7.7 The Buyer is obliged to pack the Goods complained about properly, taking into account the nature of the Goods and the nature of the defect complained about. The Seller shall be liable for any further deterioration of the Goods complained of from the date of receipt of the Goods.

7.8 When exercising the right to complain, the Buyer shall prove that he has purchased the Goods from the Seller by presenting the Seller's invoice for the Goods and the validity of the warranty. In addition, the Buyer must state precisely the type and extent of any defects in the Goods.

7.9 The date on which the following are received in full by the Seller from the Buyer shall be deemed to be the date on which the complaint handling begins:

• The completed complaint form,
• The goods complained about, including their accessories,
• and the access passwords or codes (if there is any) relating to the goods complained of

7.10. The Complaint Form is attached as Annex 1 to these GTC.

7.11. The Seller will send the Buyer a written confirmation (e-mail) of the receipt of the complaint, including the date of receipt of the complaint, the contact details of the Seller and the Buyer, a description of the defect and the preferred method of complaint handling.

7.12. At the discretion of the Buyer, in accordance with the provisions of this Complaints Policy, the Seller shall determine the method of resolving the complaint within 3 days of the commencement of the complaint handling procedure, but in justified cases within 30 days at the latest, if a complex technical condition assessment of the goods is required. Once the method of complaint settlement has been determined, the Seller shall deal with the complaint without delay. The settlement of the complaint shall not take longer than 30 days from the start of the complaint handling procedure. After the expiry of the time limit set for the handling of the complaint, the Buyer shall have the right to withdraw from the Contract or to replace the Goods complained about with new Goods. The Seller shall inform the Buyer of the handling of the complaint and the outcome of the complaint procedure in a form agreed by the Parties. In the event that the Buyer has lodged a complaint about the Goods within 12 months of taking delivery of the Goods, the Seller may reject the complaint only on the basis of an expert opinion or a statement by an authorised or accredited organisation or person (hereinafter referred to as "Expert Assessment"). Irrespective of the outcome of the Expert Assessment, the Seller shall not claim from the Buyer the costs of the expert assessment of the Goods or any other costs related to the expert assessment of the Goods. The warranty period shall not expire and shall be automatically extended by the time required for the expert evaluation of the Goods.

7.13. The Seller may always replace the defective Goods with non-defective Goods instead of remedying the defect, provided that this does not cause serious inconvenience to the Buyer.

7.14. The right to free warranty repair shall expire:

• if Buyer does not prove that he purchased the defective Goods from Seller
• if the Buyer does not report defects which were apparent at the time of taking delivery of the Goods
• after the warranty period of the Goods has expired
• if the mechanical damage to the Goods was caused by the Buyer
• in the event of modification of the Goods by the Buyer (bending, cutting, etc.), if the Goods were not essentially intended for such modification and the defect was
• caused by the modification
• the Goods have been used or stored in conditions which, due to temperature, humidity, chemical or mechanical influences, are different from the normal operating environment
• improper handling, operation or neglect of the Goods
• if the damage to the Goods has been caused by overloading or if the damage has been caused by use contrary to the conditions specified in the documentation or to
• general principles, technical standards or safety standards
• if the original parts of the Goods have been replaced
• in the case of incorrect power supply or defective, unauthorised or illegal use of hardware/software
• in case of use of inappropriate, incompatible or non-original consumables, if the defect has been caused by the use of such material
• if the failure of the Goods is caused by natural wear and tear, accidental damage or unforeseeable deterioration
• if the failure of the Goods is caused by a computer virus
• if the Goods have been tampered with by an incompetent person or if inappropriate tools or materials have been used
• in the event of damage resulting from unprofessional handling, damage during transport, water damage, fire, static or atmospheric electricity or force majeure

7.15. The Seller is obliged to process the complaint and close the complaint handling by one of the following methods:

1. by delivery of the repaired Goods
2. by replacing the Goods by one of the following means
3. by refunding the purchase price of the Goods
4. payment of an appropriate discount on the Purchase Price of the Goods
5. by written notice to take delivery of the performance specified by the Seller
6. a reasoned refusal to accept the complaint

7.16. The Seller shall issue a written document to the Buyer on how the complaint has been handled and how the complaint has been resolved, no later than 30 days after receipt of the complaint.

7.17. Upon resolution of the complaint other than a refund of the Purchase Price, the Seller shall return the Goods or replacement Goods to the Buyer. If Buyer fails to take delivery within a reasonable time, Seller will require Buyer to take delivery of the Goods within such further reasonable time as Seller may specify. If the Buyer fails to take delivery of the Goods within such further reasonable period, he shall pay the Seller a charge for storage of the Goods in the amount specified in this paragraph (the "Storage Charge"). The Storage Charge shall be payable for each day commenced from the date of taking delivery of the Goods until the date of delivery. The amount of the storage charge shall be determined on the basis of the weight of the Goods and the sum of the length of the edges (sum of edges = height + width + depth), namely:

• 1 EUR i.e. one euro/day: for the storage of Goods weighing no more than 10 kg and whose sum of edges does not exceed 120 cm;
• 2 EUR i.e. two euros/day: for the storage of goods which exceed at least one of the values set out in the preceding paragraph and which, at the same time, weigh no more than 40 kg and the sum of the edges does not exceed 300 cm;
• 4 EUR i.e. four euros/day: for the storage of other - above not categorized - Goods.

7.18. The warranty period is 12 months by default (the "Warranty Period"), which may vary for certain products, if the manufacturer specifies/agrees otherwise, e.g. 24, 36 or even 60 months, which will always be indicated on the product data sheet for the products concerned in our online store. The Warranty Period starts on the day the Customer takes delivery of the Goods. In the event that the use-by date of the Goods is indicated on the Goods, their packaging or instructions for use in accordance with the law, the Warranty Period shall not end before the expiry of this period. Any defects in the Goods and any claims arising therefrom shall be valid until the expiry of the Warranty Period. Upon expiry of the Warranty Period, the right to a warranty shall expire.

7.19. Used Goods are Goods that are second-hand, do not contain all parts, are aesthetically or functionally damaged (hereinafter referred to as Used Goods).

7.20. The warranty period for all products classified as Second-Hand Goods is 6 months, unless a different or shorter warranty period is specified for the specific product in the online shop.

7.21. If the Purchase Price of the Second-Hand Goods is lower than the Purchase Price of the new Goods, the defect that caused the price reduction is not covered by the warranty. Any defects that cause damage to the Goods and are therefore not covered by the warranty are further described on the relevant Product Card in our Webshop.

7.22. The Warranty Period shall be extended by the time during which the Buyer has not been able to use the Goods for the purpose of repairing them.

7.23. In the event of replacement of defective Goods with new Goods, the Warranty Period shall commence on the date of receipt of the new Goods. The same shall apply to the replacement of parts covered by the Product Warranty.

7.24. If the defect is irreparable and prevents the Goods from being used as intended, the Buyer has the right to have the Goods replaced or to withdraw from the Contract. The same rights shall apply to the Buyer in the event of a remediable defect which recurs after repair (more than twice) or in the event of a greater number of defects (more than two) which prevent the Buyer from using the Goods for their intended purpose.

7.25. In the case of other irremediable defects, the Buyer is entitled to an appropriate discount on the purchase price of the Goods, the amount of the discount being determined by agreement between the parties.

7.26. Complaints handling only applies to defects indicated on the complaint form.

7.27. If the Seller settles the complaint handling with a reasoned rejection of the complaint, it may offer the Buyer to remedy the defect at the Buyer's expense. The Buyer is not obliged to accept such an offer.

7.28. If the Seller settles the complaint by a reasoned rejection of the complaint and the buyer disagrees with the outcome of the complaint, the buyer may seek redress before a conciliation body or a court.

8.1 In case of purchasing Live Goods (plants and/or animals) from the Webshop, the Seller - based on its professional competence, the reliable background of the special packaging technology and delivery method used (door-to-door delivery within 24 hours - specifically for the delivery of Live Animals) - offers the Buyer a Live Arrival Warranty (LAW), thus the purchase of Live Goods from the Webshop does not involve any additional risk for the Buyer.

8.2 Enforcement method of Live Arrival Warranty:

Customer's completion of the LAW Claim Form attached as Annex 3 to these GTC and subsequent delivery to Seller's e-mail address: office@reefcentral.eu
The completed Claim Form must also be accompanied by 2 short video recordings, the "How to make" detailed instructions are included in the Claim Form, which are essential for the assessment of the claim.

8.3 Special conditions for the Live Arrival Warranty:

• In all cases, the shipment containing the Live Goods must be received/accepted by the Buyer on arrival. The Customer must always receive the Shipment from the Supplier. even in such a case the packaging material has become soaked or has suffered visible transport damage. The Live Goods delivered in the parcel may still be in good health and condition due to the careful and special packaging. The Seller can only accept and consider a claim for LAW in the case of a package/shipment accepted by the Buyer.
• The Buyer has the possibility to claim LAW within 24 hour after the date of receiving the package/shipment containing the Live Goods, with the proviso that the opening of the package must be done by the end of the day of delivery/receiving of the package and the video recording of the mortality must be done at the same time.
• If during the opening process of the parcel/shipment the Buyer for any reason considers the Living Good's condition/chances of survival to be questionable but it still shows signs of life, please document this briefly in a video as well - in the same way as the death/loss documentation - and then carry out the acclimatisation process of the living creature to protect its life, because in many cases its vital functions can be successfully restored even from a questionable condition. If death still occur within 24 hours of such acclimatisation, a claim under the Live Ariival Warranty may be made, supported by video documentation of the incident.
• When ordering Live Goods, please double check the delivery address provided in particular in the Confirmation e-mail sent by the Seller after placing the order. The Seller shall not be liable for the consequences of any delivery failure due to an incorrect delivery address provided by the Buyer.
• If you have any other difficulties or problems - not detailed above - related to your order/delivery of Live Goods, please contact us immediately at +421 940510047

8.4.The Seller will process the claim for LAW received in full - completed and signed Claim Form + 2 short video recordings - within the shortest possible time, but within a maximum of 2 working days and will send written feedback to the Buyer.

8.5 The Buyer shall keep the remainings of the lost/dead Live Goods until the time of the assessment or until the Seller's written response, as the Seller may request additional photographic or video documentation of the dead Live Goods for the purposes of assessing the claim. Specific instructions to this effect will be given to the Buyer by the Seller's staff in all cases where this is necessary.

8.6 In case of a positive LAW claim, the settlement method may be:

a. Replacement of the deceased Living Goods with another specimen that is identical in all respects to the deceased animal. If the Buyer chooses this option, he has two options available to him as a consequence of the specific packaging and shipping method applied by the Seller in all cases:

• The replacement specimen has to be delivered as such, in which case the additional packaging and delivery charges incurred will be borne by the Buyer.
• If the Customer requests that the replacement specimen has to be packaged with a new/next order together, no additional shipping and packaging charges will be charged.

b. Seller will provide to the Buyer a purchase credit equal to the Purchase Price of the deceased Live Goods, which may be used 100% for the purchase of any Live or Dry Goods from the Webshop within 90 days of the date of the positive determination of the claim.

9.1 The Seller is entitled to withdraw from the Contract if:

due to stock shortage or unavailability of the goods
or if the manufacturer, importer or supplier of the goods specified in the contract has ceased production or made other substantial changes which prevent the Seller from fulfilling his obligations
or if, for reasons of force majeure, the Seller is unable to deliver the goods to the Buyer within the time limit laid down in these GCS or at the price indicated in the Webshop despite all reasonable efforts on his part

and if it is unable, despite its best efforts, to agree with the Buyer on the possibilities and conditions of alternative performance.

The Seller shall notify the Buyer of this fact without undue delay and shall refund to the Buyer all the Purchase Price paid by the Buyer in accordance with these GTC. This shall be without prejudice to the right of the Contracting Parties to agree on a supplementary performance or a price reduction.

9.2 The Seller shall also be entitled to withdraw from the Contract in the event of a clear error in the Purchase Price indicated for the Goods at the time of the conclusion of the Purchase Contract (e.g. incorrect decimal point, missing digit, Purchase Price obviously not in line with the normal Market Price).

9.3 The Customer may withdraw from the Purchase Contract without giving any reason within 14 days of receipt of the ordered Product/Goods. An exception to this is where the object of the purchase is a Live Good, for which, due to the protection of the life and health of living creatures and the strict Quarantine Rules and Procedures followed by the Seller, the right of withdrawal cannot be exercised from the point at which the package containing the Live Good has left the Seller's premises during the delivery process following the order/purchase.

9.4 The period for exercising the right of withdrawal shall expire 14 days after the date on which the Buyer - or his agent - takes delivery of the Goods, or:

• in the case where Goods ordered by the Buyer in one order are delivered separately, on receipt of the last Goods delivered.
• in the event that the Goods are composed of several parts or pieces, at the time of receipt of the last part or piece.
• in the event that the Goods have been redelivered within the period specified, at the time of receipt of the first item delivered.

9.5 The Buyer shall have the right to withdraw from the Contract, the subject of which is the delivery of Goods, even before the start of the withdrawal period.

9.6 The Buyer may exercise his right of withdrawal from the Contract by completing and signing the form sent to the following address:

• ExoTrade s.r.o.
• Komenského 22.
• 945 01 Komárno
• Slovakian Republic

9.7 The Withdrawal Form for withdrawal from the Contract is attached as Annex 2 to these GTC.

9.8 The Buyer shall be entitled to withdraw from the Contract, the subject matter of which is the delivery of the Goods, before the beginning of the withdrawal period. The withdrawal period shall be deemed to have been observed if the Buyer submits the withdrawal form to the Seller no later than the last day of the withdrawal period. The burden of proving that the right of withdrawal has been exercised shall lie with the Buyer.

9.9 Seller shall reimburse to Buyer the Advance/Purchase Price already paid by Buyer under or in connection with the Contract without undue delay, but not later than 14 days after receipt of the withdrawal form. This does not affect the Seller's right under clause 9.11 of the GTC.

9.10. The Seller shall reimburse all the Purchase Price paid by the Buyer (excluding any additional delivery and packaging costs) by the payment method originally used by the Buyer, unless otherwise agreed by the Parties (e.g. by transfer to a bank account indicated by the Buyer).

9.11. If the Buyer wishes to exercise its right and withdraws from the Contract, the subject of which is the sale of Goods, the Seller shall not be obliged to refund the Purchase Price to the Buyer until the Buyer has not returned the Goods.

9.12. If the Buyer withdraws from the Contract and delivers the Goods to the Seller in a used or damaged condition, or if the value of the Goods is reduced as a result of handling of the Goods beyond the scope of treatment necessary to determine the quality and functionality of the Goods, the Seller shall be entitled to claim damages from the Buyer to the extent necessary to repair the Goods and restore them to their original condition. In the event of the exercise of the right of withdrawal, the Buyer shall not be liable for any costs other than the cost of returning the Goods, but the Seller may claim compensation for material damage resulting from improper use.

9.13. In the event that the cancellation form is not sent to the Seller directly enclosed with the returned Goods - and the Parties do not agree on any other way of returning the Goods - the Buyer shall return the Goods, including their accessories and related documentation, without undue delay, but in no case later than 14 days after the date of sending the cancellation form to the address below:

• ExoTrade s.r.o.
• Komenského 22.
• 945 01 Komárno
• Slovakian Republic

9.14. The Buyer shall bear the costs of returning the Goods to the Seller or to the person authorised by the Seller to take delivery of the Goods.

9.15. The Buyer may not use his right of withdrawal if the subject matter of the Contract is:

1. The purchase and delivery of Live Goods, from the point when the package containing such Goods has leaves the Seller's premises during the delivery process
2. The provision of services which have been started at the express request and with the agreement of the Buyer and the Buyer has accepted their successful completion (e.g. a worksheet or a completion report signed by the Buyer)
3. Goods or services for which the price is beyond the Seller's control and is subject to possible fluctuations in the financial market even during the period for exercising the right of withdrawal
4. A product or good which the Seller has produced on the basis of unique instructions from the Buyer - a custom order (e.g. a custom-made aquarium) or a product which the Seller has clearly modified to the Buyer's requirements nased on his request
5. A perishable product or a product which retains its quality for a short period
6. A product in sealed packaging which is not suitable for return if the Buyer has opened it after delivery (e.g. fish food, certain aquaristic preparations)
7. Products which, by their nature, are inseparably mixed with other products after delivery,
8. Urgent repair or maintenance work - as service - carried out based on express request of the consumer

9.16. The Buyer shall be entitled to withdraw from a contract for the supply of a set of at least two related products (hereinafter referred to as "the Set") put together by the Seller and intended for joint sale. The Set shall be considered as a single good for the purposes of the right of withdrawal. This means that if the Buyer withdraws from the Contract for the delivery of the Set, it shall return the entire Set, i.e. all the products making up the Set, to the Seller. The Seller will then refund to the Buyer the Purchase Price for the entire Set under the terms and conditions set out in these GTC. It shall not be possible to withdraw from the Contract only partially, i.e. to return to the Seller less than all the goods comprising the Set and to claim a refund for each item. This does not affect the Buyer's right to return only one of the Goods delivered under an order, unless these Goods form part of a Set.

9.17. The Seller reserves the right to cancel an order or part of an order if, for technical reasons, it is not possible to deliver the Goods within the time or at the price agreed. In such a case, the Seller will refund the Purchase Price of the Product(s) concerned within 5 working days, provided that the Buyer has already paid the purchase price. This shall be without prejudice to the right of the contracting parties to agree on a substitute performance.

10.1 The Buyer shall be entitled to use alternative dispute resolution by applying to the Seller for redress:

• If it was not satisfied with the handling of the complaint and the outcome of the complaint procedure
• Or considers that the seller has infringed his rights.

If the Seller responds to this request for redress in a negative way - or does not respond within 30 days of the date of the request - the Buyer has the right to submit a proposal for alternative dispute resolution to the alternative dispute resolution body. Alternative Dispute Resolution Bodies are defined in § 3 of the amended and supplemented Art. 391/2015 on Alternative Dispute Resolution (hereinafter referred to as the "ADR Act"). Namely, the Slovenská obchodná inšpekcia (Slovak Trade Inspectorate) or other competent legal entity included in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic - www.mhsr.sk. The Buyer is entitled to choose which of the above mentioned ADR entities to turn to. The Buyer shall act in accordance with Article 12 of the ADR Act when filing a petition.

The motion must include the seller's e-mail address: office@reefcentral.eu

10.2 The parties also have an online dispute resolution platform where they can settle their dispute in the language of their choice: http://ec.europa.eu/consumers/odr/

11.1 The Seller has taken all necessary and legally required measures for the processing and protection of the Buyer's personal data in accordance with the Slovak Republic Act on the Protection of Personal Data. 18/2018 on the protection of personal data, as amended and supplemented. In addition, pursuant to Regulation (EU) No 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 (General Data Protection Regulation - GDPR) repealing Directive 95/46/EC.

The Buyer declares that it is aware of and consents to the processing of its personal data by the Seller.

12.1 These GTC were drawn up on 05.01.2023. The Seller reserves the right to change and/or amend these GTC at any time. In any case, the legal relationship between the Contracting Parties shall be governed by the GTC in force at the time of submission of the order.

12.2 In the event that the Purchase Agreement is concluded in written form, any subsequent modification must be made in writing. The Contracting Parties agree that communication between them shall be primarily by e-mail.

12.3 The legal relationship between the Contracting Parties shall be governed by the Contract, these GTC, the amended and supplemented Articles of Association, the Articles of Association and the Articles of Association, as amended and supplemented, and by the provisions of the Contract. 40/1964, as amended, the provisions of the Act on Electronic Commerce and the provisions of the Act on Electronic Commerce No. The provisions of Act No. 128/2002 Coll. on the State Control of the Internal Market for the Purposes of Consumer Protection and Act No. 22/2004 Coll. on the Amendment and Supplementation of Act No. 284/2002 Coll. as amended and supplemented, and of Act No. 40/1964 Coll. on Consumer Protection and Act No. 40/1964 Coll. on the Protection of Consumers and the Slovak National Council Act on the Protection of Consumers as amended and supplemented, and of Act No. 40/1964 Coll. 18/2018 on the protection of personal data and the provisions of the Act on the protection of personal data and the amendment of certain acts, the provisions of the Act on the protection of personal data No. The provisions of the Act No. 102/2014 on the Protection of Consumers in the Distance Selling of Goods or in the Case of Distance Contracts for the Provision of Services and Amendments to Certain Acts and other generally binding legislation of the Slovak Republic.

12.4 The Contracting Parties shall use their best endeavours to find a negotiated solution to any disputes, disputes or claims arising between them in connection with the Contractual relationship between them.

Should the Contracting Parties fail to find an amicable solution to any dispute arising out of or in connection with these GTC or the Contract, including any dispute concerning its validity, interpretation or termination, the Slovak Republic courts shall have exclusive jurisdiction to settle any further dispute.