COMMERCIAL TERMS AND CONDITION

of the company FORESA trading s.r.o.

with its registered office at Nad Svahem 1687/13, 140 00 Prague 4, Czech Republic, identification number: 615 06 338, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 117289, for sale of goods via the website at www.aquaeco.cz

1. INTRODUCTORY PROVISIONS

1.1. These Commercial Terms and Conditions (hereinafter referred to as "Commercial Terms and Conditions") of D - investment s.r.o. with its registered office at Nad Svahem 1687/13, 140 00 Praha 4, Czech Republic, identification number 275 88 335, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 29867 (hereinafter referred to as the "Seller"), regulate in accordance with the provisions of Section 1751 para (1) of Act No. 89/2012 Civil Code mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the" Purchase Agreement ") concluded between the Seller and another entity (hereinafter referred to as the" Buyer ") through the Seller's website. The website is located on the Internet at www.aquaeco.cz (hereinafter referred to as the "Website").

1.2. Provisions deviating from the Terms and Conditions can be agreed in the purchase contract. Different arrangements in the Purchase Agreement take supersede the terms and conditions of these Commercial Terms and Conditions.

1.3. Commercial Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are written in the Czech and English language. The purchase contract can be concluded in the Czech or English language.

1.4. The Commercial Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Commercial Terms and Conditions.

2. ORDERING GOODS

2.1. The Buyer can also order goods directly through the webside.

2.2. When ordering goods, the Buyer is obliged to provide correct and true information. The information given by the Buyer when ordering goods is considered by the Seller to be correct.

2.3. The Buyer is obliged to maintain confidentiality regarding the information obtained in the course of trade with the Buyer.

3. CLOSING THE PURCHASE AGREEMENT

3.1. All presentation of the goods placed in the website is of informative nature and the Seller is not obliged to conclude a purchase agreement regarding these goods. Section 1732 (2) of the Civil Code is not applied.

3.2. The website contains information about the goods, including the prices of individual goods. Prices of goods remain in effect as long as they are displayed on a website. This provision does not limit the Seller's ability to conclude a purchase agreement under individually agreed conditions.

3.3. The website also contains information on the costs of packaging and delivery. Information about the costs associated with packaging and delivery of the goods listed in the webside is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order the goods, the buyer fills in the contact form on the webside. In particular, the order form contains information about:

3.4.1. ordered goods

3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. information about the cost of delivering the goods (hereinafter referred to as "order").

3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, even with regard to the possibility of the Buyer to detect and correct errors in entering data into the order. The Buyer sends the order to the Seller. The data listed in the order they are deemed correct by the Seller. Seller immediately upon receipt of the order confirms this receipt to the Buyer by e-mail to the e-mail address of the buyer specified in the order (hereinafter referred to as "electronic address of the buyer").

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance) sent to the Buyer by e-mail to the Buyer's e-mail address.

3.8. The Buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet access, the cost of telephone calls) are paid by the Buyer, and these costs do not differ from the base rate.

4. GOODS PRICE AND PAYMENT CONDITIONS

4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the Buyer to the Seller in the following ways:

- cash on delivery at the place specified by the Buyer in the order;

- by bank transfer to Seller's account No. 4200553265/6800, IBAN CZ6768000000004200553265 with Sberbank CZ a.s., Na Pankraci 129, CZ-140 00 Praha 4, Czech Republic, SWIFT: VBOECZ2X (hereinafter referred to as "Seller's Account") or

- by depositing cash on Seller's account;

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs for packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs linked to the delivery of the goods.

4.3. The Seller does not require the Buyer to make a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Commercial Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.

4.6. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order (Article 3.6), to require payment of the entire purchase price before sending the goods to the Buyer. Section 2119 (1) of the Civil Code is not applied.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. If stipulated by general legal regulations, the Seller shall issue a tax document - invoice for the payments made under the purchase contract to the Buyer. The Seller is a payer of value added tax. The tax document - invoice will be issued by the Seller to the Buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the Buyer's wish or for the delivery of perishable goods and goods, which has been irrevocably mixed with other goods upon delivery, also from a contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygienic reasons and from a purchase agreement for the delivery of audio or video recordings or a computer program if they have violated them original packaging.

5.2. The Seller is entitled to unilaterally set off any claim for damages to the goods against the Buyer's claim for refund of the purchase price.

5.3. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.

5.4. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the termination condition that if the Buyer withdraws from the contract, the gift contract for such gift is lost and the Buyer is obliged to return the goods to the Seller as well gift provided.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

6.3. In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively the costs associated with other means of delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be modified by the Seller's special delivery terms if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and commitments of the contracting parties regarding the rights of defective performance shall be governed by the relevant generally binding legal regulations (in particular § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).

7.2. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the goods were taken over by the Buyer:

7.2.1. the goods have properties that the parties have agreed, and if the agreement is missing, it has properties that the Seller or manufacturer has described or which the Buyer has expected with regard to the nature of the goods and the advertising they perform,

7.2.2. the goods are suitable for the purpose stated by the Seller or for which goods of this kind are usually used,

7.2.3. the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

7.2.4. the goods are in the appropriate quantity, measure or weight,

7.2.5. goods comply with legal requirements.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed.

7.4. If a defect occurs within six months of receipt, the goods are deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months after receipt.

7.5. The rights of defective performance shall be exercised by the Buyer at the Seller's registered office or at the Seller´s store. The moment of filing a claim is considered to be the moment when the seller received the claimed goods from the Buyer.

7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (a). e) of the Civil Code.

8.4. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection.

8.5. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On Personal Data Protection, as amended.

9.2 The Buyer agrees to the processing of his / her personal data: name and surname, company name, home address, identification number, tax identification number, e-mail address, telephone number and delivery and billing address (hereinafter collectively referred to as "personal data") .

9.3. The Buyer agrees with the processing of personal data by the Seller for the purpose of realization of rights and obligations under the Purchase Agreement and for the purpose of maintaining a user account. If the Buyer does not choose another option, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself make it impossible to conclude a purchase contract.

9.4. The Buyer acknowledges that it is obliged to state its personal data (when ordering from the web interface) correctly and truthfully and that it is obliged to inform the Seller without undue delay about the change in its personal data.

9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, personal data will not be passed on to third parties without the Buyer's prior consent.

9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.

9.7. The Buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary provision of personal data.

9.8. In case that the Buyer believes that the Seller or the Processor (Article 9.5) is processing his personal data, which is contrary to the protection of the Buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate for the purpose of their processing, may:

9.8.1. ask the Seller or processor for explanation

9.8.2. require the Seller or processor to eliminate such a situation.

9.9. If the Buyer asks for information on the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to request a reasonable reimbursement for providing the information according to the previous sentence not exceeding the costs necessary for providing the information.

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The Buyer agrees to receive information related to the goods, services or business of the Seller to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.

10.2. Buyer agrees to store so-called cookies on his computer. In the event that the purchase on the website can be performed and the seller's obligations under the purchase contract, without the so-called cookies stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.

11. DELIVERY

11.1 The buyer may be served on the buyer's email address.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, instead of the invalid provision, a provision assumes whose meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.5. Contact details of the seller: address for delivery: Nad Svahem 1687/13, 14000 Praha 4, e-mail address: aquaeco@aquaeco.cz, phone: +420 602204999, +420 602103913.