Skip to main content

Return and Claim Policy

for the website www.atisadesign.com

Article I

General provisions

  1. This Return and Claim Policy (hereinafter referred to as the “Return and Claim Policy”) governs the rights and obligations of the contracting parties and the conditions for submitting and handling returns arising from the purchase contract concluded between the seller and the consumer, the subject of which is the sale of goods according to consumer requirements, which are addressed to the seller in the form of an inquiry via the website www.atisadesign.com (hereinafter referred to as the “website”) This Return and Claim Policy does not apply to the assertion of rights arising from liability for defects by a buyer who is not a consumer.  
  2. This Return and Claim Policy is an integral part of the purchase contract specified in Article 1, paragraph 1 of this Return and Claim Policy (hereinafter referred to as the ‘purchase contract’). 
  3. This Return and Claim Policy has been drawn up in accordance with:
  • Act No. 40/1964 Coll., the Civil Code, as amended, 
  • Act No. 108/2024 Coll. on Consumer Protection, as amended.  
  1. Legal relationships between the seller and the buying consumer concerning liability for defects that are not explicitly regulated by this Return and Claim Policy shall be governed by the relevant provisions of the Civil Code and the Consumer Protection Act.  
  2. The seller’s liability for defects concerning a contract concluded with a buyer who is a business entity shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.
  3. This Return and Claim Policy is drafted in the English language.  
  4. By submitting an order, the buyer confirms that they have thoroughly reviewed and understood the content of the Return and Claim Policy.

Article II

Definitions

  1. The seller is a person who, in connection with a consumer contract, the obligations arising from it, or in the course of a commercial practice, acts within the scope of their business activity or profession, including through another person acting in his name or on his behalf. 
  2. The seller is the owner of the website www.atisadesign.com

Business name: ATISA, s.r.o.

Registered in the Commercial Register of Bratislava District Court, Section: Sro, File No. 41715/B 

Registered office: Francisciho 2, Bratislava 811 08

Reg. No.: 36 659 339

Tax No.: 2022224633

VAT No.: SK2022224633

Represented by: Ing. Miroslav Kubů, executive director

Email address: info@atisadesign.com

Phone number: +421 903 109 655

  1. The buyer is a person who purchases products or uses services, either as a consumer or as a business entity. 
  2. A consumer is a natural person who, in connection with a consumer contract, the obligations arising from it, or in the course of a commercial practice, does not act within the scope of their business activity or profession.  
  3. Business entity for the purposes of this Return and Claim Policy is an entrepreneur, organisation or other legal entity other than a consumer, acting in the course of its business, similar activity or profession.
  4. Goods are any tangible movable things; for the purposes of this Return and Claim Policy, goods are anything that the seller sells.
  5. Item is the goods sold by the seller.
  6. Purchase contract is a contract concluded between the seller and the buyer at the moment the buyer confirms the price offer.
  7. The supervisory authority is:

Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region

Pekárska 23

917 01 Trnava 1
Supervision department
Phone number: 033/321 25 27

033/321 25 21.

Article III

Requirements for the sold item

  1. The seller undertakes that the sold item will comply with the agreed and general requirements. This does not apply if the seller has informed the buyer that the sold item does not comply with the general requirements, and the buyer has agreed to this.
  2. The sold item complies with the agreed requirements if in particular:
    1. it corresponds to the description, type, quantity, and quality specified in the contract,
    2. it is suitable for the specific purpose that the buyer communicated to the seller no later than at the time of contract conclusion, and to which the seller agreed,
    3. it has the contractual ability to perform functions considering its intended purpose,
    4. it possesses other characteristics specified in the contract,
    5. it is delivered with all accessories specified in the contract,
    6. it is supplied with a user manual, including installation and assembly instructions, as defined in the contract.
  3. The sold item complies with the general requirements if in particular:
    1. it is suitable for all purposes for which items of the same type are normally used, considering legal regulations and technical standards,
    2. it is delivered with accessories, packaging, and manuals, including installation and assembly instructions, that the buyer can reasonably expect, and
    3. it is provided in the quantity, quality, and with characteristics, including functionality, compatibility, safety, and the ability to maintain its performance and functionality under normal use, as is typical for items of the same type and as the buyer can reasonably expect given the nature of the sold item.
  4. If the sold item does not comply with these requirements, it is considered defective.

Article IV

Liability for defects 

  1. The seller is liable for any defect that the sold item has at the time of delivery and that becomes apparent within two years from the date of delivery.
  2. For a used item, the parties may agree on a shorter period of the seller’s liability for defects than specified in paragraph 1, but not shorter than one year from the date of delivery.
  3. By agreement or through a unilateral declaration, the warranty provider may establish liability for defects under stricter conditions than those set by law. In such a case, a written confirmation in the form of a warranty certificate shall be issued.
  4. The seller is liable for a defect caused by incorrect assembly or installation of the item if:
    1. the assembly or installation was part of the purchase contract and was carried out by the seller or under their responsibility, or
    2. the assembly or installation, which was to be performed by the buyer, was carried out incorrectly due to deficiencies in the assembly or installation instructions provided by the seller.
  5. If a defect becomes apparent within the period specified in paragraph 1 or 2 of this article, it is presumed that the defect already existed at the time of delivery. This presumption does not apply if proven otherwise or if it is incompatible with the nature of the item or the defect.

Article V

Making a claim

  1. The buyer may exercise their rights arising from liability for defects only if they notify the seller of the defect within two months of its discovery, but no later than two years from the date of acceptance of the item; otherwise, the right shall be forfeited. 
  2. The buyer can claim the goods by sending a notice together with the goods claimed to the address of the seller.
  3. When making a claim, the buyer can use the Return Form published on the seller’s website.
  4. In case of intending to claim the goods, the seller recommends first contacting them by email with a description of the defects and photographs or videos of the defective goods. If the seller cannot assess the claim based on the sent documents alone, they will invite the buyer to deliver the claimed goods.
  5. The seller shall promptly confirm the buyer’s defect claim in a written notice, specifying the period within which the defect will be remedied. The period for defect removal must not exceed 30 days from the date of the claim unless a longer period is justified by an objective reason beyond the seller’s control. If the seller fails to resolve the complaint within the specified period, the buyer has the right to withdraw from the contract or request a price reduction. 
  6. The buyer is entitled to reimbursement of reasonably incurred costs arising from the notification of a defect for which the seller is liable and from the exercise of rights related to liability for defects. However, this right must be claimed no later than two months from the date the costs were incurred; otherwise, the right shall be forfeited. 
  7. If the seller denies liability for defects, they must provide the buyer with a written statement explaining the reasons for the refusal. The seller may reject the complaint, for example, if the damage occurred due to:
    1. normal wear and tear,
    2. mechanical damage caused by the buyer,
    3. use of the goods in conditions that do not comply with the required temperature, humidity, chemical, or mechanical environmental factors,
    4. improper handling or neglect of care for the goods,
    5. excessive strain or use contrary to general principles,
    6. natural disasters or force majeure.
  1. If the buyer proves the seller’s liability for the defect through an expert opinion or a professional assessment issued by an accredited entity, they may reassert the defect claim, and the seller cannot deny liability for the defect. The buyer must claim reimbursement of the costs for the expert opinion or professional assessment from the seller within two months; otherwise, the right shall be forfeited. 
  2. The buyer may refuse to pay the purchase price or a part of it until the seller fulfils their obligations arising from liability for defects, unless the buyer is already in default of the purchase price or part thereof at the time of asserting the defect claim. The buyer shall pay the purchase price without undue delay after the seller has fulfilled their obligations. 

Article VI

Rights arising from a claim

  1. In the case of a justified complaint, the buyer has the right to have the defect remedied by repair or replacement, request a reasonable discount on the purchase price, or withdraw from the purchase contract. 

Repair and Replacement of the Item 

  1. The buyer may choose to have the defect remedied either by replacement of the item or by repair. However, they cannot select a method that is impossible or that would impose disproportionate costs on the seller compared to the alternative, considering all relevant circumstances. The seller may refuse to remedy the defect if repair or replacement is impossible or would involve disproportionate costs considering all circumstances. 
  2. The seller shall repair or replace the item within a reasonable time after the buyer has reported the defect, free of charge, at their own expense, and without causing significant inconvenience to the buyer, considering the nature of the item and the purpose for which the buyer required it. A reasonable time is understood as the shortest possible period necessary for the seller to assess the defect and carry out the repair or replacement, considering the nature of the item as well as the nature and severity of the defect. 
  3. For the purpose of repair or replacement, the buyer shall hand over or make the item available to the seller or a person designated by the seller. The seller shall bear the costs of collecting the item. 
  4. The seller shall deliver the repaired or replacement item to the buyer at their own expense, using the same or a similar method by which the buyer provided the defective item, unless the parties agree otherwise. 
  5. When remedying the defect, the seller shall ensure the removal of the defective item and the installation of the repaired or replacement item if the replacement or repair requires the removal of the defective item that was installed in accordance with its nature and purpose before the defect appeared. The parties may agree that the buyer will carry out the removal and installation of the repaired or replacement item at the seller’s expense and risk. 

Price Reduction and Contract Withdrawal

  1. The buyer has the right to a reasonable price reduction or may withdraw from the purchase contract without granting an additional reasonable period if:
    1. the seller has neither repaired nor replaced the item,
    2. the seller has refused to remedy the defect,
    3. the item has the same defect despite a previous repair or replacement,
    4. the defect is so serious that it justifies an immediate price reduction or contract withdrawal, or
    5. the seller has declared, or it is evident from the circumstances, that they will not remedy the defect within a reasonable time or without causing significant inconvenience to the buyer.
  1. When assessing the buyer’s right to a price reduction or contract withdrawal, all relevant circumstances shall be considered, particularly the type and value of the item, the nature and severity of the defect, and whether it is objectively reasonable to expect the buyer to trust the seller’s ability to remedy the defect. 
  2. The price reduction must be proportionate to the difference between the value of the sold item and the value the item would have had if it were free of defects. 
  3. The buyer cannot withdraw from the purchase contract under paragraph 7 of this Article, if they contributed to the occurrence of the defect or if the defect is insignificant. The burden of proof that the buyer contributed to the defect’s occurrence and that the defect is insignificant lies with the seller. 
  4. If the contract involves the purchase of multiple items, the buyer may withdraw only in relation to the defective item. In relation to other items, they may only withdraw from the contract if it cannot reasonably be expected that they will have an interest in keeping the other items without the defective item.
  5. The buyer shall return the item to the seller at the seller’s expense. 
  6. The seller shall ensure the removal of an item that was installed in accordance with its nature and purpose before the defect appeared. If the seller fails to remove the item within a reasonable period, the buyer may arrange for its removal and delivery to the seller at the seller’s expense and risk. 
  7. The seller shall refund the purchase price to the buyer no later than 14 days from the date the item is returned or from the date the buyer provides proof that they have sent the item to the seller, whichever occurs earlier. The purchase price or its portion shall be refunded using the same payment method the buyer used unless the parties agree otherwise. All costs associated with the refund shall be borne by the seller.
  8. The seller has no right to compensation for damage caused by normal wear and tear of the item or for payment for the buyer’s ordinary use of the item before its replacement or return.

Article VII

Failure to collect the repaired item

  1. The buyer is obliged to collect the repaired or replaced item within one month from the date of repair or replacement; otherwise, they shall be required to pay a storage fee.
  2. If the buyer fails to collect the item within six months from the date they were required to do so, the seller may sell the item.
  3. If the item is of higher value, the seller shall notify the buyer in advance of the intended sale and provide them with a reasonable additional period to collect the item.
  4. The seller shall promptly pay the buyer the proceeds from the sale of the item, after deducting the reasonable costs incurred for its storage and sale, provided that the buyer claims their share within the reasonable period specified by the seller in the notice of intended sale. If the item cannot be sold or if the expected proceeds from the sale would not be sufficient to cover even the necessary costs incurred for its storage and the costs required for its sale, the seller may dispose of or destroy the item at their own expense.

Article VIII

Final provisions

  1. This Return and Claim Policy has been prepared by Lanikova Group, s. r. o. law firm for the operator of the internet store [fill in the website name], while it is protected by Act No. 185/2015 Coll. The Copyright Act, as amended. It is prohibited, without the author’s consent, to use this author’s work in any way, particularly, but not limited to, copying, publishing, amending, modifying, disseminating and misusing it otherwise.
  2. This Return and Claim Policy shall come into force and effect on 7.10.2025.

Download link: Return form

Terms and Conditions     I     Return and Claim Policy     I     Personal Data Protection Policy     I     Information about using cookies     I     Accessibility Statement
Obchodné podmienky     I      Reklamačný poriadok     I      Zásady ochrany osobných údajov     I     Informácie o cookies     I     Vyhlásenie o prístupnosti