GENERAL TERMS AND CONDITIONS
Legal entity
MAIMAI s.r.o.
with registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, Czech Republic
identification number: 19683235
registered at the Municipal Court in Prague, file number C 389827
for the sale of goods through the seller’s online shop pawlovers.me
Bank Account: CZ36 0080 0000 0066 2929 6379 (6629296379/0800)
BIC/SWIFT: GIBACZPX
Contact details: [email protected], +420 776 421 601
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions of Business (hereinafter referred to as “Terms and Conditions“) of the legal entity MAIMAI s.r.o., with its registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, Czech Republic, identification number: 19683235, registered with the Municipal Court in Prague, file number C 389827 (hereinafter referred to as “Seller“), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code“), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract“) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer“) through the Seller’s online shop. The online shop is operated by the Seller on a website located at pawlovers.me (hereinafter referred to as the “Website“), through a website interface (hereinafter referred to as the “Shop Web Interface“).
1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his or her business or profession.
1.3. Provisions deviating from the Terms and Conditions can be agreed in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions are an integral part of the purchase agreement. The purchase agreement and these Terms and Conditions are executed in the Czech language. The purchase agreement can be concluded in the Czech language as well as in a foreign language.
1.5. The Seller may amend or supplement the Terms and Conditions. Rights and obligations arising during the validity of the previous version of the Terms and Conditions remain unaffected.
2. USER ACCOUNT
2.1 The Buyer can order goods without registration directly from the Shop Web Interface. If the Shop Web Interface allows it, the Buyer can register on the website, whereby the Buyer can access his/her user interface. From his user interface, the Buyer can place orders for goods (“User Account“).
2.2. When ordering goods and registering on the website, the Buyer is obliged to provide correct and truthful data. The Buyer must update the data provided whenever they change. The Seller considers data provided by the Buyer to be correct.
2.3. Access to the User Account is secured by username and password. The Buyer must keep confidential the information necessary to access their User Account.
2.4. The Buyer is not authorized to allow third-party use of their User Account.
2.5. The Seller may cancel the User Account, particularly if the Buyer has not used it for more than 6 months or if the Buyer breaches their obligations under the purchase agreement (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be continuously accessible, particularly due to necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All product presentations on the pawlovers.me Online Store Interface are informative; the Seller is not obligated to conclude a purchase agreement regarding such goods. Provisions of § 1732 para. 2 of the Civil Code do not apply.
3.2 The Shop Web Interface contains information about the goods, including the prices of individual products and any return costs. Prices are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not exclude the agreement of individual terms between the seller and the buyer.
3.3. The Shop Web Interface also provides information about packaging, delivery costs, delivery methods, and delivery time. If the Seller offers free shipping, it is conditional upon reaching a certain minimum order value. If the Buyer partially withdraws from the contract, causing the remaining goods to fall below this minimum value, the entitlement to free shipping expires, and the Buyer must cover shipping costs.
3.4. The Buyer orders goods through:
- their customer account, if previously registered in the online shop,
- an order form without registration.
To order goods, the Buyer provides necessary data, particularly information about:
3.4.1. the goods ordered (the Buyer “places” the ordered goods into the electronic shopping cart of the Shop Web Interface),
3.4.2. the method of payment of the purchase price, details of the desired method of delivery of the ordered goods,
3.4.3. information about costs associated with delivery of goods (hereinafter jointly referred to as the “order“).
3.5. Before sending the order to the Seller, the Buyer can check and modify the data entered into the order. The order is submitted by the Buyer clicking the button “Order” (PLACE ORDER / ORDER). Data listed in the order are considered correct by the Seller. Immediately after receipt, the Seller confirms the order by email to the Buyer’s electronic address specified in the User Account or order (hereinafter referred to as the „Buyer’s electronic address“).
3.6. The Buyer can cancel the order within 24 hours after submission by sending an email to [email protected].
3.7. If the nature of the Order requires it (e.g., quantity of goods, total price, or anticipated shipping costs), the Seller may request additional confirmation of the Order from the Buyer (in writing or by phone).
3.8. The contractual relationship between the Seller and the Buyer is established upon delivery of the Order acceptance (acceptance) sent to the Buyer’s Email Address.
3.9. The Buyer agrees to the use of remote communication means for concluding the Purchase Agreement. The Buyer bears any costs incurred through the use of such means (internet connection, phone calls, etc.).
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer shall pay the purchase price and any delivery costs using the following methods:
- Non-cash transfer to the Seller’s account:
IBAN: CZ36 0080 0000 0066 2929 6379
BIC/SWIFT: GIBACZPX
Banka: Česká spořitelna, a.s.
For Buyers in the Czech Republic: 6629296379/0800 - Non-cash payment via credit card / Apple Pay / Google Pay / PayPal / Klarna
4.2. Along with the purchase price, the Buyer is obliged to pay costs associated with packaging and delivery, unless expressly agreed otherwise.
4.3. For non-cash bank transfers, the Buyer must provide the correct variable symbol and other payment identification details. The obligation to pay the purchase price is fulfilled upon crediting the respective amount to the Seller’s account.
4.4. For non-cash payments, the purchase price is due within 14 days of concluding the Purchase Agreement.
4.5. For payments via a payment gateway, the Buyer shall follow the instructions of the respective electronic payment provider.
4.6. For non-cash payments, the Buyer’s obligation to pay the purchase price is fulfilled when the respective amount is credited to the Seller’s bank account.
4.7. The Seller does not require any advance payment or similar payment from the Buyer. Payment of the purchase price prior to shipment of goods does not constitute a deposit.
4.8. The Seller is entitled, particularly for high-value orders, to require full payment of the purchase price before shipping the goods.
4.9. Discounts on product prices may not be combined unless expressly permitted by the Seller.
4.10. Where customary or required by law, the Seller shall issue a tax document (invoice) to the Buyer regarding payments and send it electronically to the Buyer’s Email Address.
4.11. The Seller is a VAT payer.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, withdrawal from the Purchase Agreement is not permitted, inter alia, for:
- Custom-made or personalized goods,
- Goods subject to rapid deterioration or with a short shelf life,
- Sealed goods that cannot be returned for hygiene reasons after opening,
- Audio, video recordings, or software if the Buyer breaches their packaging.
5.2. Unless under the circumstances stated in Article 5.1 or other cases where withdrawal is excluded, the Buyer has the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods (or the last item in case of multiple pieces or the first delivery in case of regular deliveries).
5.3. For withdrawal, the Buyer may use the template form provided by the Seller or submit another unambiguous withdrawal declaration. The withdrawal notice may be sent electronically to [email protected].
5.4. In case of withdrawal under Article 5.2, the Purchase Agreement is canceled from the outset. The Buyer must return the goods without undue delay, no later than fourteen (14) days from withdrawal, and bears direct costs of returning the goods.
5.5. The Seller shall refund the Buyer within 14 days of receiving the withdrawal notice, using the same payment method unless otherwise agreed. The Seller may withhold payment until receiving the returned goods or proof of shipment.
5.6. The Seller may unilaterally offset a claim for compensation for damage caused to the goods against the Buyer’s claim for a refund.
5.7. The Seller may also withdraw from the Purchase Agreement within the statutory 14-day period, up until the Buyer receives the goods; in such cases, the Seller shall refund the Buyer without undue delay.
5.8. If a gift was provided with the goods, the gift agreement is concluded with a resolutive condition. If the Buyer withdraws from the Purchase Agreement, the gift agreement becomes void, and the Buyer must return the gift.
6. DELIVERY TERMS
6.1. If the delivery method is agreed based on the Buyer’s specific request, the Buyer bears the risk and any additional costs.
6.2. If the Seller is required to deliver goods to a location specified by the Buyer, the Buyer is obliged to accept the goods.
6.3. If repeated or alternative delivery is necessary due to the Buyer’s actions, the Buyer must cover the associated costs.
6.4. Upon receiving goods from the carrier, the Buyer must inspect the packaging integrity and immediately notify the carrier of any damage. For severe packaging damage, the Buyer may refuse acceptance.
6.5. Additional rights and obligations regarding goods transport may be governed by the Seller’s special delivery terms, if issued.
7. RIGHTS CONCERNING DEFECTIVE PERFORMANCE
7.1. Rights and obligations regarding defective performance are governed by relevant provisions of the Civil Code (particularly Sections 1914–1925, 2099–2117, and 2161–2174b) and Act No. 634/1992 Coll., on Consumer Protection.
7.2. For goods with digital features (i.e., connected to digital content/services), the Seller is also responsible for proper provision of such content (unless clearly provided separately due to the nature of the goods).
7.3. The Seller guarantees that goods are free of defects upon receipt. Specifically:
- Conform to the agreed description and properties,
- Are fit for their usual purpose,
- Are delivered with agreed accessories and usage instructions.
7.4. Beyond agreed properties, the Seller also guarantees customary quality and standard features the Buyer may reasonably expect, unless notified otherwise.
7.5. The above does not apply if the Seller informed the Buyer of deviations prior to concluding the agreement and the Buyer explicitly consented.
7.6. The Seller is also liable for defects caused by improper assembly/installation performed by the Seller or under their responsibility.
7.7. If a defect appears within one (1) year of receipt, the goods are presumed defective at delivery. Additional rules under the Civil Code apply to goods with digital features.
7.8. Goods with digital features must comply with the Purchase Agreement throughout the provision of digital content. The Seller must ensure necessary updates to maintain the goods’ properties.
7.9. The Buyer may assert defects appearing within 2 years of receipt (or during digital content provision). Rights concerning defective performance are claimed against the Seller.
7.10. For defective goods, the Buyer may demand repair/replacement unless impossible or disproportionately costly. The Seller may refuse if repair is impossible or disproportionately costly.
7.11. If the Seller fails to remedy defects within a reasonable time or repeatedly fails, the Buyer may demand a reasonable discount or withdraw from the agreement.
7.12. Additional rights and obligations may be outlined in the Seller’s complaint policy (if issued) or relevant legislation.
8. ADDITIONAL RIGHTS AND OBLIGATIONS
8.1. The Buyer acquires ownership of the goods upon full payment, including delivery costs, but no earlier than receipt of the goods.
8.2. The Seller is not bound by any codes of conduct under Section 1820 (1)(n) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the electronic address [email protected]. A resolution notice will be sent to the Buyer’s Email Address.
8.4. Alternative dispute resolution for consumer disputes falls under the jurisdiction of:
Czech Trade Inspection Authority (Česká obchodní inspekce),
Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs.
8.5. The Buyer may also file complaints with supervisory authorities. Business inspections are conducted by the local Trade Licensing Office; consumer protection oversight is managed by the Czech Trade Inspection Authority.
8.6. The Buyer assumes the risk of changed circumstances under Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. Protection of the Buyer’s personal data is governed by Regulation (EU) 2016/679 (GDPR) and related legislation. The Seller fulfills information obligations under Article 13 GDPR via a separate document (Privacy Policy).
10. FINAL PROVISIONS
10.1. If the Purchase Agreement involves international elements, Czech law applies. This does not affect consumer rights under mandatory regulations. In case of disputes, the original Czech version of these Terms and Conditions is legally binding; translations are for informational purposes only.
10.2. If any provision is invalid or unenforceable, it shall be replaced by the closest valid provision. Invalidity of one part does not affect the validity of others.
10.3. The Purchase Agreement, including these Terms and Conditions, is archived electronically by the Seller and is not accessible to third parties.
10.4. A template withdrawal form may be an integral annex to these Terms and Conditions.
In Prague, January 1, 2025
MAIMAI s.r.o.