1. Scope and Contracting Party

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between a consumer (hereinafter referred to as “Customer”) and Discusk s.r.o., with its registered office at Horné Rakovce 1412/27, Turčianske Teplice 039 01, Slovakia, Company Registration Number (IČO): 50 255 983, email: info@discushq.com (hereinafter referred to as “Seller”), via the Seller’s online shop for deliveries throughout Europe.

1.2 A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession, in accordance with Act No. 108/2024 Coll. on Consumer Protection and the relevant Slovak legislation.

2. Conclusion of Contract

2.1 The presentation of products, particularly live aquarium fish such as Discus fish, in the online shop does not constitute a legally binding offer, but an invitation to place an order.

2.2 The Customer places a binding order for goods exclusively via the electronic shopping cart on the Seller’s website. The contract is concluded when the Seller accepts this order by sending an order confirmation via email. Any other forms of ordering, such as via telephone or email, are not accepted.

2.3 The Seller reserves the right to cancel orders if the live animals are not in optimal health condition for transport or due to extreme weather conditions.

3. Prices and Payment Conditions

3.1 All prices stated in the online shop are total prices including statutory value-added tax (VAT) and other price components.

3.2 Shipping costs are calculated automatically during the checkout process based on the total weight of the order. Specialized packaging for live animals (termoboxes, heat packs, oxygen bags) is included in the stated shipping price.

3.3 The Customer may choose from the payment methods offered in the online shop. Payments are primarily processed via the Besteron payment gateway. For live animal shipments, payment in advance is strictly required.

3.4 For any price reductions, the Seller will clearly state the lowest price at which the goods were sold during the 30 days prior to the application of the price reduction.

4. Delivery and Transport Conditions for Live Animals

4.1 The delivery of live Discus fish and other aquatic animals is carried out exclusively via specialized courier services to ensure the shortest possible transit time.

4.2 Dispatch usually takes place between Monday and Wednesday to avoid weekend transit delays. Delivery time is usually within 8 business days.

4.3 The Seller reserves the right to delay dispatch in the event of extreme weather conditions (e.g., severe frost or heatwaves) that could endanger the animals despite specialized packaging.

4.4 The Customer is strictly obliged to ensure their presence at the delivery address to receive the live animals upon the first delivery attempt. Failure to accept the package at the first attempt transfers all risks regarding the health and survival of the animals to the Customer.

4.5 Fish Acclimatization: Please be aware that fish may temporarily lose their color due to the stress of transportation and environmental changes. They require a proper acclimatization process in your aquarium environment, which may take several hours depending on the species. Proper acclimatization is the responsibility of the Customer.

5. Right of Withdrawal

5.1 General Right of Withdrawal for Dry Goods:
Consumers generally have a statutory right of withdrawal within 14 days without giving any reason for non-living goods (e.g., technical equipment, fish food).

5.2 Exclusion of the Right of Withdrawal for Live Animals:
According to Slovak consumer protection laws (Act No. 108/2024 Coll. on Consumer Protection), the right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly. Live aquarium fish and other aquatic organisms are highly sensitive living creatures. Due to the high risk of stress, disease, or death caused by return transportation and temperature fluctuations, live animals are considered perishable goods. Therefore, the 14-day right of withdrawal is strictly excluded for the purchase of live animals.

6. Warranty and Liability

6.1 The statutory warranty rights, liability for defects, and the complaints process are governed exclusively by the Civil Code of the Slovak Republic in accordance with Act No. 108/2024 Coll.

6.2 According to Section 49a of the Slovak Civil Code, animals are not things; however, the provisions applicable to things apply accordingly. The Seller guarantees that the animals are free from visible diseases and in good condition at the time of handover.

6.3 The Seller is not liable for illnesses or death of the animals occurring after successful delivery and introduction into the Customer’s aquarium, as the Seller has no control over the water parameters, acclimatization process, or compatibility with existing livestock.

7. Dead on Arrival (DOA) Guarantee

7.1 In addition to statutory rights, the Seller provides a voluntary “Dead on Arrival” guarantee, ensuring that the animals arrive alive, provided the package was accepted at the first delivery attempt.

7.2 To claim this guarantee, the Customer must:

  • Take a clear photograph or video of the deceased animal while it is still inside the original, unopened, and sealed transport bag.
  • Send the visual proof along with the order number to the Seller’s email address within 2 hours of receiving the package from the courier.

7.3 If the Customer opens the bag and introduces the animal into the aquarium before taking the photograph, or if the claim is submitted after the 2-hour deadline, the voluntary DOA guarantee is void.

7.4 In the event of a valid DOA claim, the Seller will refund the purchase price of the deceased animal or provide a replacement with the next order, upon mutual agreement.

8. Dispute Resolution

8.1 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://consumer-redress.ec.europa.eu/index_en. The Seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

9. Final Provisions

9.1 Slovak law applies to contracts between the Seller and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to consumers only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2 The supervisory authority for the Seller’s activities is the Slovak Trade Inspection (Slovenská obchodná inšpekcia – SOI), which holds the broadest scope of competence under Act No. 108/2024 Coll. to supervise market compliance where no special authority is established. The relevant branch is the Inspectorate for the Žilina Region, Predmestská 71, P.O. Box B-89, 011 79 Žilina 1, Slovakia.