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Terms and Conditions

of the website www.atisadesign.com

Article I

General provisions

  1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) regulate the rights and obligations of the contracting parties arising from the conclusion of a distance purchase contract between the seller and the buyer, 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”)
  2. These Terms and Conditions form an integral part of the purchase contract specified in Article 1, Paragraph 1 of these Terms and Conditions (hereinafter referred to as the “purchase contract”). If the seller and the buyer conclude a written purchase contract that stipulates terms different from the general terms and conditions, the provisions of the purchase contract shall take precedence over the general terms and conditions. 
  3. These Terms and Conditions are drawn up in accordance with:
  • Act No. 40/1964 Coll., the Civil Code, as amended, 
  • Act No. 513/1991 Coll., the Commercial Code, as amended, 
  • Act No. 108/2024 Coll. on Consumer Protection, as amended, 
  • Act No. 22/2004 Coll. on Electronic Commerce and on the amendment of Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters, as amended by Act No. 284/2002 Coll., as amended, 
  • Act No. 452/2021 Coll. on Electronic Communications, as amended, 
  • Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended,
  • Act No. 351/2022 Coll. on Accessibility of goods and services for people with disabilities 

and other relevant legal regulations.  

  1. Legal relationships between the seller and the buyer that are not explicitly regulated by these Terms and Conditions shall be governed by the relevant provisions of the aforementioned legal regulations. Legal relationships between the seller and the buying consumer shall be governed by the Civil Code and the Consumer Protection Act, while legal relationships between the seller and the buying business entity shall be governed by the Commercial Code. 
  2. These Terms and Conditions are drafted in the English language. The purchase contract may be concluded in English language.
  3. The seller has not adopted any specific code of conduct. 
  4. By submitting an order, the buyer confirms that they have thoroughly reviewed, understood, and agree to the Terms and Conditions. 

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 their name or on their 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. Buyer is a person who purchases products or uses services, either as a consumer or as a bussines entity or other legal entity other than a consumer.
  2. 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 these Terms and Conditions 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 these Terms and Conditions, goods are anything that the seller sells.
  5. Purchase contract is a contract concluded between the seller and the buyer at the moment the buyer confirms the price offer.
  6. 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

Characteristics of the website

  1. www.atisadesign.com is a website through which the seller offers its goods and allows interested parties to order them or request the creation of goods according to their own requirements, i.e., custom-made goods.

Article IV

Conclusion of the purchase contract

  1. The current range of goods that the seller normally supplies is published on the seller’s website. The seller does not guarantee the immediate availability of these goods, and the exact delivery time will be communicated to the interested party in the price offer.
  2. If the buyer is interested in goods made according to their requirements (e.g., in a colour other than the standard colour or in other dimensions), they may request a price offer from the seller by sending their requirements to info@atisadesign.com.
  3. The process of concluding a purchase contract between the seller and the buyer begins on the basis of the buyer’s inquiry, which can be sent by filling out and submitting the form on the seller’s website, sending an inquiry to info@atisadesign.com, or by telephone. Based on the inquiry, the seller prepares a non-binding written price offer, which is sent to the buyer at the specified email address. This price offer is for informational purposes only and does not create any legal obligations for the contracting parties.
  4. If the buyer agrees with the price offer, he/she shall send a confirmation of the price offer to the seller. Upon delivery of the confirmation of the price offer to the seller, the contract between the buyer and the seller shall be deemed concluded.
  5. If the subject of the purchase agreement is the manufacture of custom-made goods according to the buyer’s requirements, the buyer acknowledges that there are certain specific features associated with this, as stated in these Terms and Conditions, such as the inability of the consumer to withdraw from the agreement.
  6. The information provided in the order is considered correct by the seller, and the seller is not liable for any damage caused by the buyer entering incorrect or incomplete information.
  7. Upon receiving a binding order, the seller shall confirm the conclusion of the purchase contract via email sent to the email address provided in the order. The email will include the Terms and Conditions, the Information on the Rights of the Consumer to withdraw from the Contract, and the Withdrawal Form in PDF format. The purchase contract is considered concluded upon the delivery of the confirmation email. Once concluded, the contract is binding and can only be modified or cancelled by mutual agreement of both parties or for reasons specified in these Terms and Conditions or applicable legal regulations. 
  8. The buyer agrees to the use of remote communication methods without the physical presence of the seller and the consumer, particularly through the email, phone, and similar means, for the conclusion of the purchase contract. Any costs incurred by the buyer for the use of remote communication methods in connection with the contract conclusion shall be borne by the buyer. These costs do not differ from the standard rates.

Article V

Rights and obligations of contracting parties 

  1. The subject matter of the purchase contract consists of the rights and obligations of the contracting parties.
  2. The seller is obliged to:
    1. Provide the consumer with information in accordance with the relevant provisions of the Consumer Protection Act and other applicable legal regulations,
    2. Package the goods for transport in a manner that prevents damage,
    3. Deliver the ordered goods in a proper and timely manner,
    4. Provide the buyer with all necessary documents required for the proper acceptance and use of the product, in compliance with applicable legal regulations, no later than upon delivery of the goods.
  1. The seller has the right to receive payment of the purchase price in a proper and timely manner.
  2. The buyer is obliged to:
    1. Accept the goods at the designated place,
    2. Pay the agreed purchase price to the seller within the due date, including delivery costs, unless the contracting parties have agreed that the seller will bear the delivery costs.
  3. The buyer has the right to have the product delivered by the seller in a proper and timely manner.

Article VI

Price of the goods and payment terms

  1. The seller shall state the sales prices of individual goods in the price offer, including value added tax (VAT) at the statutory rate, as the seller is liable for VAT, and all other taxes per unit of goods.
  2. Prices are not personalized for the buyer based on automated decision-making. 
  3. The purchase price is stated in the price offer and consists of the selling price of all selected goods, including all taxes and fees and delivery costs, which the buyer must pay in order to obtain the goods.
  4. If the seller provides a discount on the goods, they shall also indicate the lowest price of the goods in the last 30 days.
  5. The buyer is obliged to pay the purchase price agreed in the purchase contract, including the costs of packaging and delivery of the goods, within the due date, but no later than upon acceptance of the goods. It may only be changed by agreement of the parties.
  6. The buyer shall pay the purchase price in advance on the basis of a advance invoice. After confirming the price offer, the seller shall send the buyer an advance invoice with a maturity period of 14 days. The buyer is obliged to pay the advance invoice within the due date, otherwise they shall be deemed to have withdrawn from the contract. After payment of the full purchase price, the merchant shall proceed to ship the goods.
  7. The proof of sale, including the price of the goods, is the invoice (tax document), which is attached to the delivery/sent by email, and also serves as the delivery and warranty certificate.
  8. If the buyer is a business entity, in the event of his default in any payment or part thereof, the seller has the right to demand from the buyer the payment of a contractual penalty of 0.25% of the amount owed for each day of delay until payment is made. The contractual penalty shall be payable within 15 days of receipt of the demand for payment. Payment of the contractual penalty shall be without prejudice to the right to compensation for damages.

Article VII

Shipping terms

  1. The costs of the shipment of the goods shall be borne by the buyer, unless otherwise agreed between the parties. The seller delivers the goods to the buyer via courier. The delivery costs will be specified in the price offer.
  2. The seller undertakes to deliver the ordered goods to the buyer, who is a consumer, without undue delay, no later than 30 days from the date of order confirmation, unless the contracting parties agree otherwise. Custom-made goods will be delivered within the period agreed between the contracting parties. The buyer will be informed of the shipment of the goods by email.
  3. The buyer is obliged to accept the goods at the shipping address specified in the order, either personally or by ensuring that an authorized person accepts the goods on their behalf. The goods are considered delivered at the time they are accepted by the buyer or the designated person.
  4. If the seller fails to ship the ordered goods on time, the buyer may withdraw from the contract without granting an additional period for fulfilment if:
    1. the seller has refused to deliver the goods,
    2. timely delivery was essential, considering all circumstances surrounding the contract conclusion, or
    3. the buyer has informed the seller prior to the conclusion of the contract that timely delivery is of the utmost importance.
  1. After withdrawing from the contract under paragraph 4 of this Article, the seller shall promptly refund to the buyer all amounts received under the contract without undue delay.
  2. From the moment the goods are handed over to the carrier for transport, the carrier is liable for any damage. For this reason, a buyer who is a business entity is obliged to inspect the package upon delivery and immediately notify the carrier of any defects. For a buyer who is a consumer, the seller strongly recommends doing the same. In the event of obvious damage to the packaging which indicates tampering with the delivery, the buyer is not required to accept the delivery from the carrier. By signing the delivery note, the buyer confirms that the packaging containing the goods was intact upon delivery.
  3. If a buyer who is a business entity accepts damaged goods, they are obliged to keep the goods in their original condition and packaging as received. The buyer is not authorized to repack the goods into a different package or otherwise handle them further. For a buyer who is a consumer, the seller recommends following the same procedure.
  4. After accepting the goods, the buyer shall inspect them and promptly notify the seller of any detected defects without undue delay. If the buyer discovers damage or another defect only after acceptance, they must immediately inform the seller by sending an email to info@atisadesign.com.

Article VIII

Acquisition of ownership and transfer of risk of damage to goods

  1. The acquisition of ownership and the transfer of the risk of damage to goods for a buyer who is a consumer occur at the time of delivery.
  2. The acquisition of ownership for a buyer who is a business entity occurs at the time of full payment of the total purchase price.

Article IX

Customer reviews

  1. The seller does not publish customer reviews at the website and, when appropriate, at other relevant places.

Article X

Withdrawal from the contract

When the consumer has the right to withdraw from the contract

  1. Withdrawal from the contract by a buyer who is a consumer is governed by the relevant provisions of the Consumer Protection Act. Withdrawal from the contract by a buyer who is a business entity is governed by the relevant provisions of the Commercial Code, and the provisions of this Article do not apply to them. 
  2. The consumer has the right to withdraw from the contract concluded at a distance or from the contract concluded outside the seller’s premises without giving any reason within 14 days from the date of acceptance of the goods by the consumer pursuant to paragraph 4 of this Article.
  3. The seller may extend the withdrawal period. If the seller decides to extend this period, they shall inform the consumer in a verifiable manner.
  4. The goods shall be deemed to have been accepted by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, accepts all parts of the ordered goods, or if
  1. goods ordered by the consumer in one order are delivered separately, then at the time of acceptance of the goods that were delivered last,
  2. goods consisting of several parts or pieces are delivered, then at the time of acceptance of the last part or piece,
  3. the goods are delivered repeatedly over a period of time, then at the time of acceptance of the first goods.
  1. The consumer may withdraw from the contract, which involves the delivery of goods, even before the withdrawal period begins. 

When the consumer does not have the right to withdraw from the contract 

  1. The consumer acknowledges that, in cases specified in Section 19 (1) of the Consumer Protection Act, they do not have the right to withdraw from the contract without providing a reason within the 14-day period. This applies particularly to contracts where the subject matter is: 
  1. the delivery of goods made to the consumer’s specifications or custom-made goods,
  2. the delivery of goods sealed in protective packaging which is not suitable for return for health or hygiene reasons if the protective packaging has been broken after delivery,
  3. the delivery of goods which, by their nature, may be inextricably mixed with other goods after delivery.

How the consumer can exercise the right to withdraw from the contract 

  1. The consumer may exercise the right to withdraw from a distance contract, or a contract concluded outside the seller’s business premises using one of the following methods: 
  1. by sending a written notice to the seller’s registered office,
  2. via electronic mail by sending the notice to info@atisadesign.com.
  1. The consumer may use the withdrawal form to exercise their right to withdraw from the contract.
  2. To ensure timely withdrawal, the consumer must send the withdrawal notice no later than on the last day of the withdrawal period. Failure to accept the delivery does not constitute withdrawal from the contract.  
  3. In the event of withdrawal from the contract, any supplementary contract shall also be terminated, unless the parties have expressly agreed on the duration of the supplementary contract. In this case, the consumer shall also bear the costs of returning the goods that were the subject matter of the supplementary contract. 
  4. The consumer is required to return the goods within 14 days from the date of withdrawal, either by sending them back or by handing them over to the seller or a designated person. This obligation does not apply if the seller offers to personally collect the goods or arrange collection through an authorized representative. The deadline is considered met if the consumer dispatches the goods no later than the last day of the period. 
  5. The cost of returning the goods to the seller shall be borne by the consumer. This does not apply if the seller has agreed to bear the cost of returning the goods. 
  6. The consumer shall be liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to establish the characteristics and functionality of the goods. If the consumer returns the goods whose value is diminished as a result of such treatment, the seller may claim damages in respect thereof. 
  7. The seller recommends the buyer to insure the goods that are subject to return. The buyer shall bear the risk of damage to the goods subject to return until the moment of acceptance of the goods by the seller. 

Article XI

Obligations of the seller upon withdrawal from the contract 

  1. The seller is obliged to refund the consumer all payments received under or in connection with the contract, including shipping, delivery, postal fees, and other costs and charges, within 14 days from the date of receiving the withdrawal notice. If the consumer has withdrawn only partially from the contract, the seller shall return the corresponding portion of the payment. The seller cannot charge the consumer additional costs for shipping, delivery, postal fees, or other expenses.
  2. The seller is not obliged to refund the consumer’s payment before the goods are returned or before the consumer provides proof of shipment, unless the seller offers to collect the goods personally or through an authorized representative.
  3. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the cost of delivery only to the extent of that cheapest method of delivery.
  4. The seller shall return the payments to the consumer in the same way as the consumer used to pay them, unless otherwise agreed.
  5. The seller reserves the right to reject any return delivery sent by the buyer as cash on delivery (COD). 

Article XII

Failure to accept ordered goods 

  1. The buyer is obliged to accept the ordered goods at the designated delivery location.
  2. If the buyer does not accept the ordered goods without withdrawing from the purchase contract in accordance with Article X of these Terms and Conditions, it is considered a breach of the purchase contract for reasons on the part of the buyer, as a result of which the seller is entitled to withdraw from the purchase contract and claim compensation from the buyer under Section 420 of the Civil Code. In determining the amount of the damages, the seller is primarily based on the costs associated with the delivery of the goods to their destination.
  3. If the buyer, who is a business entity does not take delivery of the goods, the seller has the right to withdraw from the contract. The seller is also entitled to a contractual penalty of 100% of the purchase price of the purchased goods together with delivery costs. The buyer who is a business entity agrees that the seller may unilaterally offset its claim for a contractual penalty against its claim for a refund of the purchase price, if it has already been paid.
  4. If, due to reasons on the part of the buyer, the goods need to be delivered repeatedly or by a different method than specified in the order, the buyer is obliged to cover the costs of repeated delivery or the costs associated with the alternative delivery method. In such cases, the seller may require advance payment of the purchase price before proceeding with the new delivery.

Article XIII

Withdrawal from the contract by the seller

  1. The seller has the right to withdraw from the contract if they are unable to deliver the goods to the buyer in a proper and timely manner, particularly due to stock depletion or unavailability of the goods. The buyer will be notified by email about the withdrawal from the contract. If the purchase price or a part of it has already been paid, the seller shall refund the amount to the buyer within 14 days to the account specified by the buyer, unless otherwise agreed with the seller.

Article XIV

Dispute resolution

  1. The legal relationships arising between the seller and the buyer in connection with the use of the website and the conclusion of a contractual relationship shall be governed by the legal order of the Slovak Republic.
  2. The parties to this legal relationship have agreed that, in the event of a dispute, jurisdiction is granted to the courts of the Slovak Republic.
  3. The seller handles consumer complaints via the contact email address. Information regarding the resolution of complaints is sent to the buyer’s email address.
  4. In the event of a dispute between the seller and the consumer, the consumer is entitled to contact the seller with a request for remedy if they are not satisfied with the way the complaint was handled or if they believe the seller has violated their rights. The request for remedy can be sent by electronic mail to info@atisadesign.com by mail to the seller’s address. If the seller responds negatively to the request or does not respond within 30 days from the date of its submission, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to one of the entities for alternative dispute resolution.
  5. The consumer may submit a proposal for the initiation of alternative dispute resolution to the relevant body for alternative dispute resolution, which is the Slovak Trade Inspection (www.soi.sk).
  6. The consumer may also submit a complaint through the EU’s Online Dispute Resolution (ODR) platform. The complaint can be filed by completing the online form at https://ec.europa.eu/consumers/odr/main/index.cfm event=main.home2.show&lng=EN. The consumer has the right to choose from among the available alternative dispute resolution bodies.
  7. Only the consumer may seek dispute resolution through one of the alternative dispute resolution bodies, and it applies only to disputes arising from consumer contracts concluded at a distance.

Article XV

Liability for defects and complains

  1. The seller’s liability for defects and the conditions for submitting and handling complaints are governed by the relevant provisions of the Return and Claim Policy adopted by the operator and published on the website www.atisadesign.com.

Article XVI

Validity of the contract

  1. The purchase contract is concluded for a definite period, namely until the proper fulfillment of the obligations of both contracting parties arising from the purchase contract and these Terms and Conditions, which form an integral part of it.

Article XVII

Personal data protection

  1. The personal data of buyers is processed by the seller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as ‘GDPR’) and Act No. 18/2018 Coll. on the Protection of Personal Data (hereinafter referred to as the ‘Data Protection Act’).
  2. The conditions for the processing of personal data by the operator are specified on the website www.atisadesign.com in the “Personal data protection” section.

Article XVIII

Final provisions

  1. These Terms and Conditions are valid in the wording stated on the www.atisadesign.com website on the day of the sending of the buyer’s order, unless contracting parties agree otherwise.
  1. The seller reserves the right to amend these Terms and Conditions anytime if it is required by a change in business policy or applicable legislation
  1. The buyer is not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the website. The website may only be used to the extent that it does not infringe on the rights of other visitors and is in accordance with its intended purpose.
  1. The buyer acknowledges that the seller is not responsible for any errors arising from third-party interference with the website or from the use of the website in violation of its intended purpose.
  1. These Terms and Conditions have been prepared by Lanikova Group, s. r. o. law firm for the seller, while they are 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. These Terms and Conditions shall come into force and effect on 7.10.2025.

Download link: Information on the Rights of the Consumer to withdraw from the Contract and Return Form

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