BASIC INFORMATION ABOUT THE SELLER
Name: Atelijer Allover
Headquarters: Janka Jurkovića 15, 42000 Varaždin
Tax ID (OIB): 2041253638
Company Registration Number (MBS): 98971492
Phone Number: +385 98 997 0558
Email Address: info@allovrpatterndesign.com
The consumer, in the capacity of the buyer, and Atelijer Allover, in the capacity of the seller, enter into a SALE AGREEMENT.
Legal entities as buyers are subject to the application of the Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These General Terms and Conditions apply to legal entities in the part that concerns the main characteristics of the products, the contract conclusion process, the price of the products, the method of payment and delivery of products, the description of the delivery method and delivery costs, general information, warranty and service conditions, loyalty programs, disclaimers, and the moment of the contract conclusion. The seller may, at its discretion, provide legal entities with the rights that a consumer buyer would typically have in each specific case.
A user is any individual who uses the website alloverpatterndesign.com, including any buyer or visitor of the website.
The conclusion of the purchase agreement via the website alloverpatterndesign.com is regulated in accordance with legal provisions, taking into account especially the principles and provisions of European Union directives. The conclusion of the contract through the website alloverpatterndesign.com constitutes a distance contract.
These General Terms and Conditions also represent a pre-contractual notice and apply to the conclusion of a sale agreement if the buyer is a consumer, i.e., any individual who enters into a legal transaction or acts on the market outside their commercial, business, craft, or professional activity. The agreement applies when concluded between a trader and a consumer within an organized system of sale or provision of services without the simultaneous physical presence of the trader and the consumer at one place, whereby one or more means of remote communication are exclusively used to conclude the contract before its conclusion.
Means of Remote Communication refer to all means that can be used to conclude a contract remotely without the simultaneous physical presence of the trader and the consumer, such as the internet and electronic mail.
The contract is concluded when the seller accepts the buyer’s offer, and all the information presented on the Atelijer Allover website constitutes an invitation to make an offer. The seller may cancel the sale agreement if the buyer does not pay the purchase price, and is not obligated to deliver the product until the purchase price is received, unless the buyer has chosen a payment method by cash on delivery. If the buyer If for some reason the buyer does not collect the shipment, and it is returned to the seller, the seller will attempt delivery up to two more times. After a total of three unsuccessful delivery attempts, the seller will no longer repeat further deliveries.
The General Terms and Conditions also include the General Terms and Conditions for the protection of personal data.
The content of the Atelijer Allover website is available in Croatian. The official language for concluding the sales contract is Croatian.
MAIN CHARACTERISTICS OF THE PRODUCTS
The buyer is familiarized with the main characteristics of the products on the alloverpatterndesign.com website.
Atelijer Allover reserves the right to change information, including product prices and promotional offers on the site without prior notice.
Alongside the product image, the description of the main features of the product and its price, including VAT, are provided.
Prices, payment terms, and promotional offers are valid exclusively at the time of the order and/or payment.
CONTRACT CONCLUSION PROCESS
Purchasing is done on the Atelijer Allover website, alloverpatterndesign.com, by completing the designated form. When filling out the form, the buyer is required to provide all requested information.
The purchase is possible only after the buyer confirms that they have read and understood the General Terms and Conditions and that they agree to them, and acknowledges that this is a binding order with an obligation to pay.
Purchases can be made 24 hours a day, 7 days a week.
Atelijer Allover is not responsible for the costs associated with using computer equipment and telecommunications services necessary to access the service.
The buyer will be notified by email about the order confirmation (receipt of the electronic message containing the buyer’s offer) and the shipment.
Purchasing products and/or services on behalf and for the account of minors or individuals deprived of legal capacity (either fully or partially) can only be requested by their legal representatives.
Purchasing is done by ordering available products chosen by the buyer based on the product image and a brief description. The images are for illustrative purposes and may not always exactly match the available products in all details.
Purchasing is carried out in a few simple steps from the comfort of the buyer’s home, from anywhere in the world.
Products can be searched according to various criteria. By entering a term in the “Search” field, products related to the entered term will appear. The buyer can select a product they are interested in and read the available description to independently decide whether the product meets their needs.
Products are chosen from the product catalog on alloverpatterndesign.com, organized by product type.
Orders for products are made electronically. By clicking the “Add to Cart” icon, the selected product is added to the cart. Adding a product to the cart does not reserve, order, or purchase it. The buyer can continue adding products by clicking “Continue Shopping” or review the cart by clicking “View Cart,” or complete the product selection process by clicking “Proceed to Checkout.”
Once the buyer completes the product selection process by clicking “Proceed to Checkout,” they will be redirected to a page where they can select the payment method, delivery method, and enter a discount code if they have one.
The buyer places additional notes, if any, such as requesting an R1 invoice. The purchase cannot proceed without ticking the checkbox “I agree with the General Terms and Conditions,” which confirms that the buyer has read and understood these General Terms and Conditions and agrees with them, and by ticking the checkbox “I am aware that the order includes an obligation to pay.” By clicking on “Change Cart Contents,” the buyer can modify the contents of the cart. If the buyer agrees with the purchase of the products in the cart, they can click the “Pay” icon. Once the buyer clicks “Pay” to place the order, the seller will send the General Terms and Conditions along with the order confirmation and its number to the buyer’s email, confirming that the order has been received and is being processed.
The seller will send the buyer an email confirmation of the concluded sales contract along with confirmation that the shipment has been sent, including instructions for picking up the package. If the buyer does not receive the ordered products they paid for within 20 working days (excluding Saturdays, Sundays, and holidays) from the payment date or 20 working days (excluding Saturdays, Sundays, and holidays) from the conclusion of the sales contract with payment upon receipt, they are obligated to notify the seller at the email address info@allovrpatterndesign.com.
If the buyer does not receive the purchase confirmation via email within 72 hours or cannot access the service as indicated in the email, they must contact the seller at info@allovrpatterndesign.com.
In case Atelijer Allover is unable to deliver any of the ordered products for any reason, an employee of Atelijer Allover will contact the buyer by phone or email to arrange the delivery of a substitute product or possible cancellation of the ordered product.
GENERAL INFORMATION
Users or buyers are required to familiarize themselves with the General Terms and Conditions of the website alloverpatterndesign.com owned by Atelijer Allover before using the website. If they have any additional questions or unclear points regarding the General Terms and Conditions, they can contact info@allovrpatterndesign.com.
By accessing the website or using any part of its content, the user agrees to the General Terms and Conditions of the website, as well as all other rules and terms of use for the website and the services provided through it. Users agree not to use the website in a manner that harms the authors or third parties, and accept all risks associated with the use of the website and services. If the user does not agree with the terms, they must stop using the website and the services provided through it.
The content of the website is protected by copyright. Modifying, borrowing, selling, or distributing the content is only allowed with prior written consent from Atelijer Allover.
Atelijer Allover ensures the best possible use of the website. This includes monitoring the server’s operation, expanding capacity according to the number of users, providing customer support, and resolving any errors or system malfunctions. However, Atelijer Allover is not responsible for any potential issues with the website or services. Atelijer Allover cannot guarantee that the website will be uninterrupted or error-free. The user agrees that access to the website may occasionally be interrupted or temporarily unavailable.
Users use the website at their own risk. Atelijer Allover is not responsible for any damage the user may suffer while using the website. The authors and other physical or legal persons The individuals involved in the creation, production, and distribution of the website are not responsible for any damage resulting from the use or inability to use it.
Atelijer Allover reserves the right to deny access to the website to users if it is determined that the website is being used inappropriately. Atelijer Allover also reserves the right to deny access to the website to anyone based on its own assessments. The user agrees to use the website in a manner that does not jeopardize its resources and services in full. Inappropriate use of the website is prohibited and will result in access being revoked.
The user is required to keep their account information confidential and is fully responsible for any damage caused by unauthorized use of their account.
Atelijer Allover reserves the right to modify or supplement the General Terms and Conditions at any time. Changes will take effect as of the publication date on the website. Continuing to access the website or use any part of its content will be considered as acceptance of the modified or supplemented General Terms and Conditions. Atelijer Allover advises users to periodically review the General Terms and Conditions to be aware of any changes.
Atelijer Allover reserves the right to change, supplement, or discontinue any part of its operations at any time, including the website or any part of it, services, subpages, or services provided through them. This right includes, but is not limited to, changing the availability of content, the availability of new data, methods of transmission, and the right of access or use of the website.
It is the user’s duty and obligation to use the website in accordance with positive regulations and general moral and ethical principles. Atelijer Allover has the right to control the content of the website at any time to ensure compliance with the General Terms and Conditions and applicable regulations. Changes to the General Terms and Conditions are valid immediately upon publication on the website.
PAYMENT AND DELIVERY
PRODUCT PRICE, PAYMENT METHODS, AND SHIPPING
The buyer agrees to pay for the ordered products using one of the following payment methods:
In the case of payment by credit card, general payment, and e-banking, the payment must be made within the time specified in the email confirming that the contract has been concluded.
RETURN POLICY STATEMENT
The buyer is required to inspect the product upon receipt for any visible damage and immediately report it to the delivery worker who delivered the goods, or refuse to accept the shipment if there is visible external damage.
Atelijer Allover (alloverpatterndesign.com) will, based on a request for return or exchange, refund the money to the buyer’s account or exchange the product for a new one within fourteen (14) days from the date the returned product is received at the warehouse.
If the replacement product is out of stock, only a refund will be possible. Returns of delivered products should be made to the address: Atelijer Allover, Janka Jurkovića 15, 42000 Varaždin.
In case of a justified complaint, Atelijer Allover will bear the return shipping costs.
The buyer is obligated to return the products in the condition they were delivered, including in the original packaging (commercial packaging in which the goods were delivered), with the delivery note and invoice.
COMPLAINTS REGARDING MATERIAL DEFECTS
The company is responsible for material defects of the products until the risk is transferred to the buyer (the moment the item is handed over to the buyer or a third party designated by the buyer, who is not the carrier), regardless of whether the material defect was known to the buyer. It is also responsible for those material defects that appear after the transfer of risk to the buyer if they are the result of a cause that existed prior to that.
It is presumed that the defect that appears within six months from the transfer of risk to the buyer existed at the time of the transfer of risk, unless the seller proves otherwise or unless the nature of the item or the defect suggests otherwise.
A defect exists:
The consumer is required to notify the seller of visible defects within two months of discovering the defect, and no later than two years after the transfer of risk to the consumer.
If after receiving the item, the buyer discovers a defect that could not have been detected by normal inspection at the time of receipt, the buyer is obligated, under the threat of losing their rights, to notify the seller of this defect within two months from the day the defect was discovered.
SELLER’S LIABILITY AND CONSUMER RIGHTS
The seller is not responsible for defects that appear after one year from the delivery of the product. The buyer’s rights, provided they have promptly notified the seller of the defect, expire two years after the notification to the seller, unless the buyer was prevented from exercising those rights due to the seller’s fraud.
If a material defect is identified, the seller has the following obligations, in accordance with the rules of the Law on Obligations:
Rights based on material defects in the product are regulated by the Law on Obligations. If the buyer is a legal entity, the rules regarding material defects as prescribed by the Law on Obligations will apply, particularly those that differ for legal entities from those outlined here in the General Terms and Conditions.
RIGHT OF UNILATERAL TERMINATION OF THE PURCHASE AGREEMENT
The consumer has the right to unilaterally terminate the agreement within 14 days without providing a reason.
The 14-day period starts from the day the product is delivered to the consumer or a third party designated by the consumer (other than the carrier).
If the consumer orders more than one item in a single order, and they are delivered separately, the 14-day period starts from the day the last item or shipment is delivered to the consumer or a third party designated by the consumer (other than the carrier).
If the agreement involves regular delivery of goods over a period of time, the 14-day period begins from the day the first item or shipment is delivered to the consumer or a third party designated by the consumer (other than the carrier).
If the consumer is not informed of their right to terminate the agreement, the consumer’s right to unilaterally terminate the agreement expires after 12 months from the end of the 14-day period.
If the seller has informed the consumer of their right to terminate the agreement within 12 months, the consumer’s right to unilateral termination expires 14 days after receiving that notification.
In order to exercise the right to unilateral termination of the agreement, the consumer must inform the seller of their decision to terminate the agreement before the expiration of the 14-day period, by a clear statement sent by post to the following address: Atelijer Allover, Janka Jurkovića 15, 42000 Varaždin, or by email to: info@allovrpatterdesign.com, stating their name, address, phone number, fax number, or email address. The consumer may also, at their own discretion, use the attached form for unilateral termination of the agreement. The consumer can electronically fill out the termination form by clicking on the “Unilateral Termination of Agreement” link.
The seller will promptly acknowledge receipt of the termination statement via email. In the event of contract termination, both parties are required to return to each other what they have received under the agreement. Right to Return Goods and Contract Termination
Unless the seller has offered to pick up the returned goods, the refund of the paid amount must be made only after the goods are returned to the seller, or after the consumer provides proof that the goods have been sent back to the seller, if the seller has been informed of this before receiving the goods. The seller is not obligated to refund additional costs resulting from the consumer’s explicit choice of a type of delivery that is different from the least expensive standard delivery offered by the seller.
The seller must refund the paid amount using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method, provided that the consumer does not incur any additional costs for this refund.
Unless the seller has offered to pick up the goods that the consumer is returning, the consumer must return the goods without delay, and no later than 14 days from the day the consumer informed the seller of their decision to terminate the contract. It is considered that the consumer has fulfilled their obligation to return the goods on time if the goods are sent or handed over to the seller, or to a person authorized by the seller to receive the goods, before the expiration of the 14-day period.
All direct costs of returning the product are borne by the seller. The consumer is responsible for any reduction in the value of the goods resulting from improper handling of the product, except in cases where such handling was necessary to ascertain the nature, characteristics, and functionality of the product.
The consumer may only examine the goods in the usual way that is common when purchasing goods in the seller’s premises to determine their nature, characteristics, and functionality. The consumer must not use or take any actions with the product that could reduce its value if they intend to return the product within the 14-day period.
During the period in which the consumer exercises the right to return the product, they must take due care of the product and act as a particularly cautious and conscientious person. If the value of the product is reduced due to improper handling, the seller may retain the amount corresponding to the reduction in the value of the goods, according to their own assessment, considering the objective criteria of each individual case.
To facilitate the process of terminating the contract, the consumer can fill out the form for unilateral contract termination attached and send it to the seller’s address Atelijer Allover, Janka Jurkovića 15, 42000 Varaždin, or via email to [email]. The consumer can also terminate the contract by clicking on the link mentioned above.
Exclusions from the Right to Terminate the Contract
The right to unilaterally terminate the contract is not possible in the following cases:
For Legal Entities: For buyers who are legal entities, the right to unilaterally terminate the contract does not apply. In such cases, the provisions of the Law on Obligations and the Law on Electronic Commerce apply.
NOTICE ON THE METHOD OF SUBMITTING A CONSUMER COMPLAINT
According to Article 10 of the Consumer Protection Act, the consumer can send all complaints by post to the address Atelijer Allover, Janka Jurkovića 15, 42000 Varaždin, or by email to info@allovrpatterdesign.com, or personally at the business premises of the seller at Atelijer Allover, Janka Jurkovića 15, 42000 Varaždin. In order for Atelijer Allover to respond to a written complaint that is not sent by email, consumers are requested to provide accurate information about their name and address where the response will be delivered. The seller is legally required to respond to the consumer’s complaint in writing no later than 15 days from the day of receipt of the complaint. In case of a dispute, Atelijer Allover and the consumer will attempt to resolve the dispute amicably, and if this is not possible, the competent court according to the location of the seller’s company will have jurisdiction, applying Croatian law. Dispute resolution is possible before the Croatian Chamber of Commerce’s Arbitration Court or other mediation centers.
Consumer disputes can be resolved through the European Commission’s ODR platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR).
If the consumer accepts the General Terms and Conditions, they also accept all other terms listed on the website and all other provisions on that website. If the consumer disagrees with any part of the pre-contractual notice or the General Terms and Conditions, they are kindly requested not to use the website and not to conclude a purchase agreement.
Atelijer Allover reserves the right to amend these General Terms and Conditions and rules without prior notice. The General Terms and Conditions are in accordance with the laws of the Republic of Croatia.
If the buyer is a legal entity, the consumer protection rules prescribed by the Consumer Protection Act do not apply. The rules regarding consumer complaints do not apply to legal entities, and they are governed by the Law on Obligatory Relations and the Law on Electronic Commerce.
RETURN POLICY STATEMENT
The buyer is obligated to check for any damages when receiving the product and immediately report them to the delivery worker who delivered the goods, or refuse to accept the shipment if visible external damage is present.
Atelijer Allover will, based on the request for return or exchange, refund the amount to the customer’s account or replace the product with a new one within fourteen (14) days from the date of receipt of the returned product at the warehouse.
If the replacement product is not in stock, only a refund is possible. Returned products should be sent to the address: Atelijer Allover, Janka Jurkovića 15, 42000 Varaždin. In case of a justified complaint, alloverpatterndesign.com will cover the return shipping costs.
The customer is required to return the delivered products in the condition in which they were delivered and in the original packaging (the commercial packaging in which the goods were delivered), along with the delivery note and invoice.
WARRANTY AND SERVICE CONDITIONS
If a specific product comes with a warranty or is subject to service conditions, this is highlighted in the product description. Warranty rights can only be used by presenting the warranty certificate and the invoice, and only during the warranty period.
ATELIJER ALLOVER
Ul. Janka Jurkovića 15, 42000 Varaždin
Croatia, Europe
OIB: 20412536383
VAT: HR2041253638
Webshop development: Start IT
