1.1 These Terms and Conditions govern the rights and obligations between the Seller and the Buyer arising on the basis of or in connection with the Registration and/or conclusion of the Purchase Agreement within the E-shop. The e-shop is not intended for persons under the age of 16.

1.2 Contact details of the Seller:

1.2.1 Address for delivery of documents: MALINNA Products s.r.o., Písečná 451/6, 182 00 Prague

1.2.2 Email delivery address: info@malinna.com

1.2.3 Telephone number: +420 606 105 407

1.3 By registering and/or concluding the Purchase Agreement (sending the Order), the Buyer agrees to these Terms and Conditions and undertakes to comply with them. These Terms and Conditions form an integral part of the Purchase Agreement. Different provisions in the Purchase Agreement (ie in the actual order confirmed by the Seller) take precedence over the wording of these Terms and Conditions.

1.4 The purchase contract, including the Terms and Conditions, are negotiated in the Czech language.

1.5 These Terms and Conditions establish different rights and obligations for the Consumer Buyer and the Entrepreneur Buyer.

1.6 The seller is entitled to unilaterally change or supplement the wording of the Terms and Conditions. However, this does not affect the rights and obligations of the Buyer and the Seller arising under the effectiveness of the previous version of the Terms and Conditions.

1.7 The Buyer acknowledges that in the case of handing over the goods to the Seller for any reason (e.g. to settle a claim, to adjust, etc.), it is necessary to hand over the goods in a clean and hygienic condition and, if the nature of the goods allows, intact and properly closed. The seller reserves the right to refuse to accept goods that are obviously dirty, damaged by inappropriate handling, or otherwise hygienically objectionable. In such a case, the Seller does not bear the Buyer's costs associated with the return of such goods.

The terms mentioned in these Terms and Conditions have the following meanings for the purposes of the Terms and Conditions:

VAT

Value added tax according to Act no. 235/2004 Coll., Value Added Tax Act, as amended.

Online store

The online store ww.malinna.com operated by the Seller on the Web, used for the display, selection and ordering of goods by the Buyer via the Web.

GDPR

Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation).

Purchase contract

Purchase contract concluded between the Seller and the Buyer on the basis of the Buyer's Order made via the Web, in accordance with the provisions of § 2079 et seq. of the Civil Code, and confirmed by the Seller.

Civil Code

Law no. 89/2012 Coll., Civil Code, as amended.

Terms and conditions

These are the terms and conditions for purchasing via the E-shop.

Order

The order specified in Article 5 of these Terms and Conditions.

Seller

MALINNA Products s.r.o., with registered office at Písečná 451/6, Troja, 182 00 Prague 8, ID: 08082391, company registered at the Municipal Court in Prague under sp. stamp C 311857

Registration

Creating an Account (by filling in the mandatory registration and access data) based on electronic registration on the Web.

Account

Account created by the Buyer based on his Registration on the Web.

Buyer

A natural or legal person who performed the Registration and who enters into a Purchase Agreement with the Seller within the E‑shop. The buyer is always a person older than 16 years. As a Buyer, he is referred to as a Buyer-consumer, as well as a Buyer-entrepreneur.

Consumer buyer

A natural person (person) within the meaning of § 419 of the Civil Code, i.e. who, outside the scope of his business activity or outside the scope of the independent performance of his profession, concludes a Purchase Agreement with the Seller or deals with him in any other way. The rights and obligations between the Seller and the Buyer-consumer are governed by these Terms and Conditions, and in particular by the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.

Buyer businessman

A natural or legal person within the meaning of § 420 of the Civil Code, i.e. a person who concludes a Purchase Agreement related to his own business, production or similar activity or in the independent performance of his profession, or who acts on behalf of or on behalf of an entrepreneur. The Buyer acknowledges that if he fills in the ID number as part of the Order, he will be considered the Buyer's entrepreneur for other purposes resulting from these Terms and Conditions.

Website

Website operated by the Seller at http://www.malinna.com

3.1 The buyer can order goods through his Account established on the basis of Registration or even without Registration through the order form located on the Web. The Buyer declares that he has reached 16 years of age no later than on the day of Registration or on the day of sending the Order.

3.2 Access to the Account is secured by access data that the Buyer chooses himself. The buyer is obliged to maintain confidentiality regarding access data to the Account.

3.3 The Buyer acknowledges that the Seller processes the Buyer's personal data in connection with the Registration and/or Order in accordance with the GDPR. More detailed information is provided in the Information on the processing of personal data available on the Web. The buyer is obliged to provide only true data when registering and/or placing an order. At the same time, he is obliged to inform about any change in his personal data, which he provided to the Seller in connection with the Registration and/or Order (or to make the change himself within his Account), without undue delay, but at the latest within 7 days from the day when this change
will occur.

3.4 By registering, the Buyer becomes a member of the loyalty program, the rules of which can be found here: https://malinna.com/pages/malinna-klub

3.5 The Buyer acknowledges that the Seller obtained the Buyer's email address in connection with the Registration and/or the Order and may use it for the purposes of sending business communications regarding other similar products or services of the Seller under the conditions set by the relevant legal regulations, unless the Buyer refuses this.

3.6 The Seller is entitled to cancel the Account, especially if the Buyer does not use it for more than 24 months or if the Buyer violates his obligations under the Purchase Agreement (including these Terms and Conditions).

3.7 The Buyer acknowledges that the Seller has the right to shut down the E-shop/Account at any time, change it and/or disable it from the Web. The Seller has the right to restrict access to the E‑shop/Account for the purpose of updating and/or editing, and undertakes to inform the Buyer of this fact via the Web.

3.8 The Buyer acknowledges that the Website, including all its parts (logo, other graphic elements, forms, texts, etc.) are a work of authorship to which the Seller exercises proprietary copyright. The buyer is not entitled to use these copyrighted works.

4.1 Information about the goods, including prices and basic characteristics of the goods, is given for individual goods within the product range of the E‑shop. The prices of goods are listed including VAT and all related fees and contributions. The prices of the goods remain valid for the period during which they are displayed in the E‑shop. This provision does not limit the possibility of negotiating different conditions in the Purchase Agreement. The costs of packaging and delivery of goods listed in the E-shop apply only to the delivery of goods within the Czech Republic.

4.2 The buyer acknowledges that:

4.2.1 The presentation of goods in the E-shop is only informative and is not an offer (a proposal to conclude a Purchase Agreement) in the sense of § 1732 of the Civil Code.

4.2.2 The Seller is not obliged to conclude a Purchase Agreement with the Buyer regarding the presented goods.

5.1 The conclusion of the Purchase Agreement between the Seller and the Buyer takes place on the basis of the Order by the Buyer and confirmation of the acceptance of the Order by the Seller.

5.2 The buyer can create an Order for goods:

5.2.1 Through the Account, if the previous Registration was made.

5.2.2 By filling out the order form without Registration.

5.3 The buyer orders the goods by "putting" the selected goods in the required number of pieces in the electronic basket and fills in other data (in particular, data on the method of payment and delivery of the goods) through the order form, which is available on the Web. In case the Buyer accesses the purchase through his Account, some data in the order form are automatically pre-filled according to the data from the Account. The order form mainly contains:

5.3.1 Identification and address data of the Buyer.

5.3.2 Specifications of ordered goods. Quantity.

5.3.3 Method of payment of the purchase price.

5.3.4 Method of delivery of goods.

5.3.5 Information and costs associated with the delivery of goods.

(hereinafter referred to as the " Order ").

5.4 Before sending the Order, the Buyer can check and change the entered data. The order is completed when the Buyer clicks on the icon Order obligating to pay . The buyer is responsible for the fact that all data given in the Order are correct and complete.

5.5 The buyer is obliged to fill in all mandatory text fields of the Order and to confirm familiarity with these Terms and Conditions and the Information on the processing of personal data. The Buyer acknowledges that if he fills in the ID number as part of the Order, he will be considered the Buyer's entrepreneur for other purposes arising from these Terms and Conditions.

5.6 If the Order is accepted, the Seller will confirm its acceptance to the Buyer following the delivery of the Order to his e-mail address specified in the Order or entered within the Account. The Buyer acknowledges that the Seller is entitled to ask him to additionally confirm the Order in another way, either in writing or by telephone.

5.7 The purchase contract is concluded when the Seller's confirmation of acceptance of the Order is delivered to the Buyer at the e-mail address specified in the Order.

5.8 In the event that the Seller is unable to deliver any of the requested goods, he will inform the Buyer about this / send the Buyer an amended offer to his email address. The amended offer is considered a new draft of the Purchase Agreement, and the Purchase Agreement is concluded in such a case by delivery of the Buyer's confirmation of acceptance of this offer to the Seller at the email address specified above in these Terms and Conditions. The stated provision shall also apply in the event that the Seller is unable to meet the delivery date for custom-made goods (this can usually happen due to a technical failure).

5.9 The Buyer acknowledges that all Orders accepted by the Seller are binding. The Buyer may cancel the Order until he is notified of the acceptance of the Order by the Seller, to the Seller's email specified in these Business Terms and Conditions.

5.10 The Buyer acknowledges that in the event of an obvious technical error on the part of the Seller when stating the price of the goods in the E‑shop, which is clearly disproportionate to the value of the goods or when creating the Order, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price. The Seller informs the Buyer of this fact without undue delay and at the same time sends him an amended offer to his email address. The amended offer is considered a new draft of the Purchase Agreement, and the Purchase Agreement is concluded in such a case by confirmation of acceptance by the Buyer to the Seller's email address.

5.11 The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer in this connection (costs of internet connection, costs of telephone calls) are covered by the Buyer himself. These costs do not differ from the base rate.

5.12 The seller is entitled to withdraw from the Purchase Agreement up to the moment of dispatch of the goods, for any reason or without giving a reason.

5.13 The Seller reserves the right of ownership to the goods, which are the subject of the Purchase Agreement, until the Buyer has fully paid the purchase price of the goods.

6.1 The Buyer is obliged to pay the purchase price of the goods together with the costs associated with the packaging and delivery of the goods in the amount according to the Order (Purchase Agreement), in one of the following ways according to the Buyer's choice in the Order. Unless specified/agreed otherwise, the purchase price also includes the costs related to the delivery of the goods.

6.2 The buyer can choose one of the following payment methods within the order.

6.2.1 When purchasing in person in cash / non-cash with a payment card at the physical store at the address Malinna Store, Klemensova 1, Bratislava and at the address Charaktery Design, M. Horákové 451/13, 170 00 Prague 7-Holešovice. The purchase price is payable upon receipt of the goods.

6.2.2 In advance by online card (including payment via Apple Pay, Google Pay or Shop Pay) or by cashless transfer in CZK or EUR to the Seller's bank account. The Buyer will receive the payment data together with the invoice after placing the Order for the goods. The purchase price is payable within 7 days, while the goods will be sent to the Buyer after payment of the purchase price. The purchase price is paid on the day the relevant amount is credited to the Seller's bank account.

6.2.3 In advance through the Shopify Payments payment system. The conditions for making payments and information on the processing of personal data by the operator of the Shopify Payments system are available at https://www.shopify.com/cz/legal/terms-payments/cz .

6.2.4 In another way indicated in the menu on the Web.

6.3 The seller is entitled to demand an advance payment, especially in the case of a purchase over CZK 5,000 or the sale of goods to order, or in other cases stipulated in these OPs.

6.4 The Seller is obliged to issue a tax document (invoice) to the Buyer regarding payments made on the basis of the Purchase Agreement. In the case of personal collection, the Seller will issue an invoice upon payment of the purchase price. In case of delivery of the goods via a transport service, the invoice is attached to the goods or delivered to the Buyer's e-mail address.

6.5 According to Act no. 112/2016 Coll., on registration of sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

6.6 The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods (reservation of ownership right), including the costs of its delivery; but not before he takes over the goods. At the moment of acceptance (or at the moment when the Buyer had the obligation to take over the goods according to the Purchase Agreement, but did not do so), responsibility for accidental damage passes to the Buyer.

7.1 The buyer is entitled to choose the method of delivery of the goods within the Order.

7.2 In the event that the Seller is obliged, in accordance with the Purchase Agreement, to deliver the goods to the place specified by the Buyer, the Buyer is obliged to take over the goods. If the Buyer does not take over the goods or refuses to take over the goods without giving a reason, he is obliged to compensate the Seller for the resulting damage corresponding in particular to compensation for the costs associated with the delivery of the goods.

7.3 When taking over the goods from the agreed 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 violation of the packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to accept the goods.

7.4 If, for reasons on the part of the Buyer, the goods are delivered repeatedly or in a different way than was agreed on the basis of the Order in the Purchase Agreement, the Buyer is obliged to pay the Seller's costs incurred for these reasons.

7.5 The Seller undertakes to deliver the goods to the Buyer within the period specified for the specific Goods on the Website. Unless expressly stated otherwise, the Seller is obliged to fulfill his obligation without undue delay, but no later than 30 days from the conclusion of the Purchase Agreement.

7.6 In the event that the Seller fails to fulfill its obligation to deliver the goods within the specified period, the Buyer is entitled to provide the Seller with an additional reasonable period for performance. If the Seller does not fulfill his obligation even within this additional period, the Buyer is entitled to withdraw from the Purchase Agreement.

7.7 If the Seller and the Buyer agree on a different delivery period, this agreed period shall apply.

The purchasing consumer has the right to withdraw from the Purchase Agreement. The deadline for withdrawing from the Purchase Agreement is 14 days from the date of acceptance of the goods or from the date of acceptance of the last delivery of goods, if the subject of the Purchase Agreement is the delivery of several types of goods or the delivery of several parts. In order to comply with the deadline for withdrawal, it is sufficient to send the withdrawal from the Purchase Agreement to the Seller before the expiry of the said deadline. For more information on withdrawing from the Purchase Agreement, see the Instruction on the right to withdraw from the Purchase Agreement .

9.1 Liability for defects arising from the Purchase Agreement concluded between:

9.1.1 The Seller and the Buyer entrepreneur are governed by the relevant provisions of legal regulations, in particular §2099 an. The buyer entrepreneur acknowledges that the provisions regarding liability for defects listed in these OPs for the buyer consumer do not apply to him.

9.1.2 The Seller and the Buyer-consumer are governed by the relevant provisions of legal regulations, in particular §2158 an. Civil Code.

9.2 The Seller is responsible to the Buyer-Consumer that the goods according to the Purchase Agreement are free of defects at the time of acceptance. In particular, the seller responds that the goods:

9.2.1 corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;

9.2.2 is suitable for the purpose for which you require it and with which we agree;

9.2.3 is delivered with the agreed accessories and instructions for use, including assembly or installation instructions;

9.2.4 is suitable for the purpose for which goods of this type are usually used;

9.2.5 quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same type that you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular advertising or labeling;

9.2.6 is supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect; and corresponds to the quality or design of the sample or template that was provided to you before the conclusion of the contract.

9.3 The purchasing consumer is entitled to exercise the right from a defect that occurs in the goods within 24 months of their receipt, however, if the goods do not have an expiry date, in which case the period is shortened only to the date marked on the goods' packaging.

9.4 If a defect becomes apparent within one year of acceptance, it is considered that the goods were already defective upon acceptance, unless the Seller proves otherwise.

9.5 If, in accordance with other legal regulations, the period during which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in the advertisement, the relevant provisions of the Civil Code on quality guarantee shall apply. If it is not expressly agreed, the quality guarantee is not provided.

9.6 If the goods have a defect, the Buyer-consumer may request its removal. According to his choice, he can demand the delivery of a new item without a defect or the repair of the item , unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the Buyer.

9.7 The seller can refuse to remove the defect if it is impossible or unreasonably expensive, especially with regard to the importance of the defect and the value that the item would have without the defect.

9.8 The Buyer may request a reasonable discount or withdraw from the Purchase Agreement if:

9.8.1 The seller refused to remove the defect or did not remove it in accordance with § 2170 para. 1 and 2,

9.8.2 the defect manifests itself repeatedly,

9.8.3 the defect is a material breach of the Purchase Agreement, or

9.8.4 it is obvious from the Seller's statement or from the circumstances that the defect will not be removed in a reasonable time or without significant difficulties for the Buyer.

9.9 The reasonable discount is determined as the difference between the value of the item without a defect and the defective item that the Buyer received.

9.10 If the Buyer withdraws from the Purchase Agreement, the Seller will return the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that he has sent the item.

9.11 You do not have rights from defective performance, especially in the event that:

9.11.1 The time for exercising the right from defects/warranty period, if provided;

9.11.2 you were aware of the defect upon receipt;

9.11.3 you caused the defect yourself or your pet;

9.11.4 it concerns the wear and tear of the goods caused by their use;

9.11.5 these are defects caused by incorrect use of the goods, non-compliance with the instructions, inappropriate maintenance or incorrect storage.

The application of a complaint is governed by the Complaints Rules available here .

11.1 The buyer is entitled to evaluate the goods purchased on the basis of the Purchase Agreement and these terms and conditions. In such a case, he undertakes to objectively and truthfully evaluate the goods, their properties and effects.

11.2 Only logged-in users can post reviews on our website. We will check the review that is stored on the website with the logged-in user in the purchase history, and if the customer has really purchased the product from us in the past, we will publish the review for the given product/mark the review as "verified" . We hereby ensure and check the authenticity of the reviews.

11.3 We do not modify the ratings of our customers in any way. We intervene only in cases where the review contains offensive, aggressive or vulgar content - we remove such posts without exception.

The Seller and the Buyer can deliver documents to each other via electronic mail. Unless otherwise stated in these Terms and Conditions, the Buyer will deliver documents to the Seller's e-mail address specified in Article 1.2. of these Terms and Conditions and the Seller to the Buyer to the e-mail address stored in the Account or specified in the Order.

Any disputes between the Seller and the Consumer Buyer can also be resolved out of court. In such a case, the Buyer-consumer can contact the subject of out-of-court dispute resolution, which is the Czech Trade Inspection ( www.coi.cz ). You can find more information about out-of-court dispute resolution HERE . The Operator recommends that the Buyer-Consumer contact the Seller at the e-mail address specified in Article 1.2 before starting an out-of-court settlement of the dispute. of these Terms and Conditions.

14.1 These Terms and Conditions, as well as all rights and obligations arising from them or not expressly regulated, are governed and interpreted in accordance with the relevant legal regulations of the Czech Republic, especially in accordance with the Civil Code.

14.2 The Seller and the Buyer undertake to resolve mutual disputes primarily through mutual negotiations with the aim of maintaining good business relations. All disputes and claims arising from the Purchase Agreement or in this context will be settled before the competent courts of the Czech Republic. If the Buyer is an entrepreneur, the local competent court is the Seller's municipal court.

14.3 In the event that any provision of these Terms and Conditions is invalid or ineffective for any reason, this fact does not render the other parts of the Terms and Conditions or the Purchase Agreement invalid or ineffective.

14.4 The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.

14.5 The following appendices are part of the Terms and Conditions:

14.5.1 Appendix 1 – Instruction on the right to withdraw from the Purchase Agreement

14.5.2 Appendix 2 – Claim application form

14.5.3 Appendix 3 – Complaints Procedure

These Terms and Conditions take effect on July 1, 2025.