General Terms and Conditions

Fauna Marin GmbH Terms and Conditions

For online sales and service for business to customer transactions

1. General

All services that are provided by Extreme Corals are exclusively on the basis of the following terms and
conditions. Different rules are only valid if they were agreed between the shop and the customer.

2. Agreement between Fauna Marin GmbH and Customer

2.1 The offers displayed on our online shop, represent a noncommittal request for the customers to order from
our online shop.

2.2 When ordering desired goods from us, the customer agrees to conclude a sales contract and pay for all
ordered goods.

2.3 After placing an order, you will automatically receive an order confirmation via email from our online shop.
An order confirmation or confirmation via telephone order make no legal transaction acceptance on our part.
The offer acceptance by us will only be by bringing to you the goods for shipment.

3. Revocation

Withdrawal
You have the right to withdraw within 14 days without needing to give a reason. The withdrawal period shall be
14 days from the date on which you or a third party indicated by you, receive the goods.

To exercise your right, you must write to
Fauna Marin GmH
Gottlieb Binder Strasse 9
71088 Holzgerlingen

Fon: +49 (0) 7031 613 680 – 0
E-Mail: sales@faunamarin.de

by means of a clear statement (eg a letter consigned by mail, fax or email), inform us of your decision to withdraw from this contract.

You can use the attached model withdrawal form, but which is not compulsory. You can also use the model
withdrawal form or any other unequivocal statement found on www.faunamarin.de and www.extremecorals.de.
Make use of this opportunity, we will provide you with immediate (eg. B. via email) acknowledgment of receipt
of such withdrawal. To keep the revocation deadline, it is sufficient that you give the notification on the right of
withdrawal the withdrawal period inquiry.

Withdrawal Terms

If you withdraw from this contract, we will reimburse all payments received by you, including the costs of supply
(with the exception of the additional costs arising from the fact that you have chosen a different method of
delivery than that offered by us, cheapest Standard have), and immediately repay within 14 days from the date
on which the notification has been received through your cancellation of this contract with us. For this
redemption, we use the same method of payment that you used in the original transaction, unless you
expressly agreed otherwise; in any case you will be charged fees because of this repayment.

We reserve the right to withhold reimbursement until we have received the returned goods back, or until you
have demonstrated that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any event no later than 14 days from the date on which you
inform us about the cancellation of this contract to us or to hand over. The deadline is met if the goods
despatched before the deadline of a fortnight.

You are responsible for the cost of returning the goods and paying for any diminished value of the goods.

Cancellation (Supplied in several shipments to one or more days).

You have the right to withdraw within 14 days without needing to give a reason. The withdrawal period shall be
14 days from the date on which you or a third party indicated by you, receive the goods.

To exercise your right, you must write to
Fauna Marin GmH
Gottlieb Binder Strasse 9
71088 Holzgerlingen

Fon: +49 (0) 7031 613 680 – 0
E-Mail: sales@faunamarin.de

by means of a clear statement (eg a letter consigned by mail, fax or email), inform us of your decision to withdraw from this contract.

You can use the attached model withdrawal form, but which is not compulsory. You can also use the model
withdrawal form or any other unequivocal statement found on www.faunamarin.de and www.extremecorals.de.
Make use of this opportunity, we will provide you with immediate (eg. B. via email) acknowledgment of receipt
of such withdrawal. To keep the revocation deadline, it is sufficient that you give the notification on the right of
withdrawal the withdrawal period inquiry.

To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of
the right before the expiration of the withdrawal period.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received by you, including the costs of supply
(with the exception of the additional costs arising from the fact that you have chosen a different method of
delivery than that offered by us, cheapest Standard have), and repay immediately within 14 days from the date
on which the notification has been received through your cancellation of this contract with us. For this
redemption, we use the same method of payment that you used in the original transaction, unless you
expressly agreed otherwise; in any case you will be charged fees because of this repayment.
We may withhold reimbursement until we have received the returned goods back, or until you have
demonstrated that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any event not later than fourteen days from the date on which
you inform us about the cancellation of this contract to us or to hand over. The deadline is met if you send the
goods before the deadline of a fortnight.

You are responsible for covering the costs of return shipping and paying for any diminished value of the goods.
We ask that you contact us before returning goods.

4. Delivery

4.1 All items are immediately available from stock when delivered.
The delivery takes place both within Germany and in EU countries.

4.2 The delivery time within Germany is, unless otherwise specified in the offer, a maximum of 5 working days.
Delivery will be made within 2 working days (Monday to Friday, except public holidays) after we receive
payment to the referring bank (payment in advance) or after the conclusion (in cash or by invoice). For
international deliveries, the delivery period unless the offer otherwise indicated, a maximum of 14 working days.
Delivery will be made so at the latest within 2 working days (Monday to Friday, except public holidays) after we
receive payment to the referring bank (payment in advance) or after the conclusion (in cash or by invoice).

4.3 If an item is not available, we will inform you by e-mail and provide you with an expected delivery time,
provided we have your email address.

4.4 Neighbourly package assuming package diversions and garage contracts with the delivery service, we
include explicitly out of our shipping conditions. If this can not be used by the purchaser, eludes the possibilities
of all of our delivery guarantee.

4.5 Clients from Switzerland and all other countries outside the European Union should be aware that
country-specific duties may still be collected. Please check with your local customs office for expected customs
duties costs.

Your statutory rights are unaffected.

5. Packaging and shipping costs

5.1 We offer the following shipping methods: UPS standard, UPS Express Saver, DHL

5.2 For delivery within Germany and packaging costs, we calculate the conditions laid down in the offer
shipping price. For each order, the shipping costs are displayed and communicated separately.

5.3 For orders of Hartware with an order over 50 EUR receive FREE shipping within Germany. This excludes
live animals orders, which will be shipped free shipping for orders above 200 EUR. Unforeseen obstacles to
delivery entitle us to enter fully or partially from the obligation to deliver back. Liability for damage caused by
delay in delivery are excluded. Delivery in foreign countries is carried out only against prepayment or credit
card. In countries of the EC valid in Germany include VAT, unless we receive any USt.ID No.. In all other
countries we deliver without VAT.

There are no shipping charge schemes for international deliveries.

6. Payment, Retention of Title

6.1 All prices are gross prices in Euro, which include the VAT of 19% and 7% respectively. There valid on the
day of order prices valid.

6.2 For delivery within Germany following payment methods are possible:
– By credit card (MasterCard and Visa)

– Paypal (Send payment to: info@faunamarin.de) Please enter here the order number and your name
on the application.

– In advance, (The customer is obligated to pay the purchase price after the contract via bank transfers
to our account.)

When paying in advance you will receive an e-mail with the exact account data and an order confirmation with
the exact invoice value.

In order for us for efficiently process your order, please provide us with your email address and telephone
number in the order form. Please also enter your name and the order number with your payment so we can
allocate your payment receipt of order.

– By direct debit (SEPA) (debited 1 day after conclusion of the contract.)
For new customers, we offer the possibility of the Bank feeder after your third order.

6.3 Delivered goods remain as our property until full payment is received. (property pursuant to § § 158, 449
BGB). About execution activities in the reserved goods, the customer shall immediately inform and hand over
the necessary documents for an intervention us; This also applies to infringements of any other kind.
Regardless, the customer must have been in advance to third parties on the existing rights to the goods.

7. Warranty

If the subsequent performance is effected by way of replacement delivery, the purchaser is obliged to return
the goods within 30 days to us at our expense. The return of the defective goods must be made in accordance
with the statutory provisions. We reserve the right to assert under the statutory provisions for damages.

8. Liability for defects

Information warranty: It is the statutory liability for defects.

9. Data Protection

Our privacy statement is available here: Data protection

10. Copyright

The contents and works on these pages created by the site operators are subject to German copyright law.
The reproduction, adaptation, distribution and any kind of exploitation outside the limits of copyright require the
written consent of the respective author or creator. Downloads and copies of these pages are only permitted
for private, non-commercial use. Insofar as the content is not created by the website operator, the property
rights of third parties. In particular contents of third parties are marked as such. Should you nevertheless
become aware of copyright infringement, we ask for a hint. Upon notification of violations, we will remove such
content immediately.

11. Miscellaneous

To the statutory requirement of the “Regulation on the prevention and recycling of packaging waste (Packaging
Ordinance)” correspond to we have joined since 1.1.2009 the SUSA Solutions GmbH.

12. Content and links on our sites

The contents of our pages were created with great care. For the accuracy, completeness and timeliness of
content, we can not take any responsibility. As a service provider we are responsible according to § 7 Abs.1
TMG for own contents on these pages under the general laws. According to §§ 8 to 10 TMG we are not
obligated as a service provider, to monitor transmitted or stored foreign information or to investigate
circumstances that indicate illegal activity. Obligations to remove or block the use of information under the
general laws remain unaffected. However, a relevant liability is only possible from the date of knowledge of a
specific infringement. Upon notification of such violations, we will immediately remove this content.
Our site contains links to external websites, over which we have no influence.
We can not accept any liability for these strange contents also. The respective provider or operator of such
sites is always responsible for the contents of any Linked Site.
The linked sites were checked at the time of linking for possible legal violations. Illegal contents were at the
time of linking. A permanent control of the linked pages is unreasonable without concrete evidence of a
violation. Upon notification of violations, we will remove such links immediately.

13. Final Provisions

The application of the CISG is excluded, German law applies. With an order the general terms and conditions
of the online stores are recognized.
If the customer has no general jurisdiction in Germany or in another EU Member State, the sole place of
jurisdiction for all disputes arising from this contract shall be our place of business Fauna Marin GmbH Gottlieb
Binder Strasse 9 71088 Holzgerlingen jurisdiction Böblingen GF Claude Schuhmacher

General Payment and Delivery

– B2B –

§1. General

1.1 The following conditions apply to all our offers, sales, deliveries and services and contents of the contract.
They do not apply if the contracting party is a private individual, not a professional or commercial buyer. They
also apply to all future business relations, even if they are not expressly agreed again.

1.2 Any deviating or supplementary terms and conditions of the buyer we hereby expressly reject. They also do
not apply if the purchaser has it based its order or other declaration.

§2 Offers and orders

2.1 Our offers are not binding, unless mentioned in writing. An effective contract comes into existence only with
our order confirmation or delivery of the goods.
2.2 Dimensions, weights, illustrations, drawings and other documents, which belong to our non-binding offers,
remain our property and are only approximately authoritative. Only if express written confirmation from us they
can be binding contractual content.

§3 Doubtful solvency

3.1 If after conclusion of the contract circumstances giving rise to doubts about the solvency of the buyer, we
can make further deliveries dependent on advance payment of the goods by the purchaser. We can set the
purchaser for the advance payment of the goods a reasonable period and to withdraw from the contract if the
advance payment is not received by us within the prescribed period; the buyer can afford security by bank
guarantee instead of cash advance. If we have already delivered the goods, the purchase price is regardless of
agreed payment periods due net immediately.

3.2 doubts about the solvency of the buyer include then justified if an application for opening of insolvency
proceedings against its assets has been made or not he makes payments to us or third parties on time.

§4 Prices

4.1 Our prices are “ex works” unless an agreement was reached with the buyer. Packaging costs are not
included in the price.

4.2 The VAT is not included in our prices and will be shown separately in the invoice in the law applicable on
the date of the invoice amount.

4.3 If the period between the end date of the contract and the date of delivery is more than 4 months without
this, based on a to delivery on our delay, and has changed in that time our current price list, so we can place
the agreed purchase price the day require the delivery applicable list price. We will deliver to the buyer before
delivery a duly amended order confirmation. The buyer, in this case with regard to the goods for which the price
has been increased, rescind his order. He must explain the resignation in writing not later than 7 working day
after receipt of the amended order confirmation:
A submission by fax or e-mail’s sufficient

§5 Delivery time

5.1 All deliveries are non binding and are considered only approximately agreed, as long as they have not been
expressly described by us as binding. In a non-binding delivery, delivery within 7 days still applies after the
delivery time.

5.2 Delivery time is an estimation and is agreed between the seller and buyer. The buyer must grant us a
reasonable grace period that begins with 7 days. After expiration of this period, the buyer is entitled to withdraw
from the contract.

5.3 us the performance due to force majeure or other exceptional and involuntary circumstances is wholly or
partially impossible or significantly impeded temporarily, then the agreed delivery time is extended by the
duration of the hindrance.The same applies to a legal or set by the buyer for the period of performance, in
particular for periods of grace in case of default.

5.4 Before the expiration of the extended delivery time in accordance with paragraph 3 or performance period,
the buyer is entitled to withdraw nor to pay damages. Takes the impediment longer than 8 weeks, both the
buyer and we are entitled to withdraw, if the contract has not yet been carried out. If the purchaser is
contractually or legally (eg due to interest discontinuation) entitled to withdraw without any grace period, this
right remains unaffected.

5.5 With a possible delay in delivery, insofar as it is not based on intent or gross negligence, claims for
damages are excluded of any kind.

§6 Shipping

6.1 Shipping is at the expense of the buyer. We are not responsible for damages that occur during shipping to
the destination. Even if free delivery has been agreed and/or the delivery with our own vehicles is carried out,
we are not obliged to provide transport insurance.

6.2 Unless expressly agreed otherwise in writing, we are entitled to partial deliveries to a reasonable extent,
which are calculated separately.

§7 Payment

7.1 Our invoices are payable within 7 days from the invoice date.

7.2 If the purchaser fails to pay the purchase price within 7 days after the due date, receipt of the invoice, or
equivalent payment schedule, the account will default.

7.3 If the purchaser is in default of payment, to all of its payment obligations under the business relationship
with us – including those that have been given for the change – payment will be due immediately. In this case
we are entitled to demand of the time in question to interest at the amount set by law. The proof of higher
damages by the seller shall be reserved.

7.4 Bills of exchange are accepted on account of performance only by prior arrangement and at discount
capability without granting a cash discount. Also payments by check / bill of exchange will only be accepted on
account of performance. The purchase price claim expires only after full redemption of the exchange.
Exchange and discount charges will be charged separately and are to be paid immediately without any
deduction.

7.5 The purchaser is entitled to offset, even if complaints or counterclaims are made valid, only if the
counterclaims have been legally established, recognized by the seller or are undisputed. To exercise a lien, the
buyer is only authorized if its counterclaim is based on the same purchase contract.

§8 Warranty / Liability

8.1 The buyer must examine the goods received for completeness, transport damages, obvious defects,
condition and their properties. Obvious defects must be notified in writing by the buyer within 1 day from the
delivery of the contractual object towards us.

8.2 We are not obligated to provide warranty if the buyer has an obvious defect not reprimanded in writing in
good time. If there is a justifiable one of us lack in the goods and was reprimanded by the buyer in good time in
writing, we are – under exclusion of rights of the buyer from the contract or reduce the purchase price – for
supplementary performance, unless that due to the law to refuse the subsequent performance are eligible. The
purchaser shall grant us for each lack a reasonable time limit.

8.3 The subsequent performance can take place after the election of the purchaser by eliminating the defect or
delivery of new goods. We are entitled to that chosen by the buyer kind of remedy to be refused if it is
associated with disproportionate costs. During the supplementary performance, the reduction of the purchase
price or withdrawal from the contract are excluded by the buyer. An amendment will be considered the second
unsuccessful attempt failed. If subsequent performance fails or if the seller has refused the subsequent
performance altogether, the buyer can demand or declare withdrawal from the contract (reduction) at his
discretion reduce the purchase price.

8.4 Claims for damages on the following conditions due to lack of buyers may only be asserted if the
supplementary performance has failed or the subsequent performance by us will be refused. The buyer’s right
to assert further claims for damages on the following conditions remains unaffected.
8.5 For intentional or grossly negligent breaches of duty as well as for damages resulting from injury to life,
limb or health we shall be liable without restriction according to legal regulations. Incidentally, we are only liable
if the victim is apparent contractual obligation essential for the achievement of the contractual purpose, and
limited to the amount of the typically foreseeable damage.

8.6 The limitation of liability referred to in paragraph 5 shall apply mutatis mutandis for other than contractual
claims for damages, in particular claims in tort, except for claims under the Product Liability Act. It also applies
in favor of our employees, workers, employees, representatives and agents.

8.7 As far as we did with respect to the goods or parts thereof quality and / or durability, we are also liable
under this warranty.For damages based on the lack of guaranteed quality or durability, but not directly to the
goods, we are only liable if the risk of such damage is clearly covered by the quality and durability guarantee.

8.8 We are also liable for damages caused by simple negligence, if this negligence concerns the breach of
contractual obligations, the fulfillment of the purpose of the contract is of particular importance (cardinal
obligations). However, we are only liable if the damages are typically connected with the contract and
foreseeable. In simple negligent infringements of non-substantial secondary obligations, we shall not
incidentally. The limitations of liability contained in §7 also apply to the extent that liability for the legal
representatives, executives and other vicarious agents of the seller is concerned.

8.9 Any further liability is excluded regardless of the legal nature of the asserted claim. As far as the seller’s
liability is excluded or limited, this also applies to the personal liability of employees, workers, employees,
representatives and agents.

§ 9 Retention of title

9.1 We maintain ownership of the goods (reserved goods) until all payments from the sales contract have been
received. The delivered goods will only become the property of the buyer, if it fulfilled all obligations from the
business relationship, including ancillary claims and claims for damages.

9.2 The purchaser must inform us immediately in writing of any third parties, especially of
Zwangsvollstreckungsmaß-taking as well as other impairments of his property. The buyer must compensate us
for all damages and costs incurred to protect against access by third parties through a breach of this obligation
and from necessary measures.

9.3 If the purchaser of its payment obligation under despite a reminder from us, we can demand that the still
standing in its retention of title without prior formal notice. The case transport costs borne by the buyer. In the
seizure of the reserved goods by us always constitutes a withdrawal from the contract. We are authorized to
Rückbehalt of the goods to their exploitation.The proceeds will be offset against our outstanding claims.

§10 Place of performance

The performance for payments is the registered office of Fauna Marin GmbH, for our deliveries of goods the
place of dispatch.

§11 Data Processing

The buyer agrees that we process received in connection with the business relationship data about the
purchaser in compliance with the German Data Protection Act for fulfilling own business purposes, particular
store or transmit to a credit protection organization, provided this is done as part of the purpose of the contract
or to safeguard our legitimate interests is required and no reason to believe that the legitimate interests of the
buyer to the exclusion of the processing, in particular the submission, these data predominates.

§12 Jurisdiction and Applicable Law

12.1 The contractual relationship between the buyer and us is only the law of the Federal Republic of Germany,
even if the buyer has his residence or registered office abroad. The application of the Uniform Law on the
International Sale of Goods and the Law on the conclusion of international sales contracts over mobile things is
excluded.

12.2 The buyer is not entitled to assign claims from the purchase contract without the consent of the seller.

12.3 If the buyer is a merchant, legal entity under public law or a public special asset, the place of jurisdiction
for both parties is the registered office of Fauna Marin GmbH Böblingen Germany. We are however also
entitled to sue the purchaser at his general jurisdiction.