AtmosClock.co.uk

Terms and Conditions

These terms and conditions outline the rules and regulations for the use of AtmosClock.co.uk's Website, located at https://atmosclock.co.uk/

By accessing this website, we assume you accept these terms and conditions. Do not continue to use AtmosClock.co.uk if you do not agree to take all of the terms and conditions stated on this page.

1. These terms

a) What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

b) Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

2. Information about us and how to contact us

a) Who we are. We are atmosclock.co.uk established in England.

b) How to contact us. You can contact us by writing to us at sales@atmosclock.co.uk.

c) How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

d) “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

a) How we will accept your order. Our website takes payment via a 3rd party payment systems. When payment is made via debit/ credit card the system takes payment and our acceptance of your order will take place when the confirmation email is sent to you confirming your order, the item purchased and the amount of payment taken at which point a contract will come into existence between you and us.

b) If we cannot accept your order. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified, we will send you an email to confirm this and arrange for a refund.

c) Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

d) We sell to the UK and beyond. Our website is for the promotion of our products in the UK and addresses outside the UK.

4. Our products

a) Pictures of products for sale form a part of the description of the product. The images of the products are as accurate as we can reasonably make them to describe the product. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images in terms of colour.

b) Description of products/objects on our website. We seek to describe all of our products/ objects with a high degree of accuracy but please be aware that all statements, descriptions of product/ object and its condition are offered as our own opinion based on research and experience. This includes, but is not limited to, the origin, date, age, provenance, condition and selling price. We strive to ensure that we provide as much honest and genuine information as possible and allow the buyer to assess from the information and images provided that they are satisfied with each and every description before purchasing. AtmosClock.co.uk will not accept any liability for the correctness of such descriptions which are offered as opinions only.

c) Original Product packaging. Products may be sold with original packaging. Where this is the case it will clearly be stated in the description and or images. Where this is not stated then original packaging will not be included.

5. Your rights to make changes

a) If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8– Your rights to end the contract).

6. Our rights to make changes

a. Minor changes to the products. We may change the product:

i. to reflect changes in relevant laws and regulatory requirements and

ii. to implement minor technical adjustments and improvements, for example to ensure the clock works to manufacture specifications.

b. Updates to digital content. We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it eg we may show the product as Sold.

7. Providing the products

a. Delivery costs. The costs of delivery will be as displayed to you on our website.

b. When we will provide the products. During the order process we will let you know when we will provide the products to you.

c. If the products are goods. If the products are goods eg an Atmos Clock, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order OR we will contact you with an estimated delivery date OR to agree a delivery date, which will be within 30 days OR a specified number of weeks after the day on which we accept your order.

d. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

e. Collection by you. Collections by prior appointment only are allowed from our premises.

f. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

g. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9b will apply.

h. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you to collect it from us

i. When you own goods. You own a product which is goods once we have received payment in full.

j. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your full delivery address and post code. If so, we will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9b will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

k. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

i. deal with technical problems or make minor technical changes;

ii. update the product to reflect changes in relevant laws and regulatory requirements;

iii. make changes to the product as requested by you (see clause 5) or notified by us to you (see clause 6).

l. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13d) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13f). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13e).

8. Your rights to end the contract

a. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

i. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

ii. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8b;

iii. If you have just changed your mind about the product, see clause 8c.

iv. Under our “30 Day No Quibble” Refund Policy

b. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (i) to (v) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

i. we have told you about an upcoming change to the product or these terms which you do not agree to

ii. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

iii. there is a risk that supply of the products may be significantly delayed because of events outside our control;

iv. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

v. you have a legal right to end the contract because of something we have done wrong.

c. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

d. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

i. digital products after you have started to download;

ii. services, once these have been completed, even if the cancellation period is still running;

iii. any products which become mixed inseparably with other items after their delivery.

e. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

i. Have you bought goods (for example, an Atmos Clock) if so you have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

f. How to end the contract with us (including if you have changed your mind)

i. Tell us you want to end the contract. To end the contract with us, please email. us at sales@atmosclock.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.

g. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at 25 Mann Island, Liverpool, L3 1BP. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract

h. When we will pay the costs of return. We will pay the costs of return:

i. if the products are faulty or misdescribed;

ii. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

iii. In all other circumstances (including where you are exercising a statutory right to change your mind) you must pay the costs of return.

i. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

j. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

i. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

ii. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

iii. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

k. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

i. If the products are goods (eg an Atmos Clock) and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 8g.

ii. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

9. Our rights to end the contract

a. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

i. you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

ii. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address

iii. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

b. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9a we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

c. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

10. If there is a problem with the product

a) How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at sales@atmosclock.co.uk

11. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your statutory legal rights.

12. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. Please email us at sales@atmosclock.co.uk to confirm the process.

13. Price and payment

a. Where to find the price for the product. The price of the product (which includes any VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 13.c for what happens if we discover an error in the price of the product you order.

b. We will pass on changes in the rate of VAT. If VAT is applicable and the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

c. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

d. When you must pay and how you must pay. We accept payment with all major credit and debit cards. When you must pay depends on what product you are buying:

i. For goods, you must pay for the products before we dispatch them.

ii. For digital content, you must pay for the products before you download them.

e. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

f. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14. Our responsibility for loss or damage suffered by you

a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987

c) We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. How we may use your personal information

a) We will only use your personal information as set out in our privacy policy a link to which can be found at the bottom of the page under the heading ‘ Privacy Policy’.

16. Other important terms

a) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

b) You need our consent to transfer your rights to someone else (except that you can always transfer any guarantee we have provided). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer any guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing a copy of the purchase receipt or other proof of purchase requested by us.

c) Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

d) Third Party Links Certain content, products and services available via our website may include materials from third parties. Third- party links on this site may direct you to third- party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third- party materials or websites, or for any other materials, products or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third- party websites. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third- party products should be directed to the third party.

e) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

f) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

g) Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17. Cookies:

a) The website uses cookies to help personalize your online experience. By accessing AtmosClock.co.uk, you agreed to use the required cookies.

b) A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

c) We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

18. License:

a. Unless otherwise stated, AtmosClock.co.uk and/or its licensors own the intellectual property rights for all material on AtmosClock.co.uk. All intellectual property rights are reserved. You may access this from AtmosClock.co.uk for your own personal use subjected to restrictions set in these terms and conditions.

b. You must not:

i. Copy or republish material from AtmosClock.co.uk

ii. Sell, rent, or sub-license material from AtmosClock.co.uk

iii. Reproduce, duplicate or copy material from AtmosClock.co.uk

iv. Redistribute content from AtmosClock.co.uk

19. Parts of this website may offer users an opportunity to post and exchange opinions and information in certain areas of the website. AtmosClock.co.uk does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of AtmosClock.co.uk, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, AtmosClock.co.uk shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

a. AtmosClock.co.uk reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

b. You warrant and represent that:

i. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

ii. The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

iii. The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

iv. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

v. You hereby grant AtmosClock.co.uk a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

20. Hyperlinking to our Content:

a. The following organizations may link to our Website without prior written approval:

i. Government agencies;

ii. Search engines;

iii. News organizations;

iv. Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

v. System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

b. These organizations may link to our home page, to publications, or to other Website information so long as the link:

i. is not in any way deceptive;

ii. does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and

iii. fits within the context of the linking party's site.

c. We may consider and approve other link requests from the following types of organizations:

i. Commonly-known consumer and/or business information sources;

ii. Dot.com community sites;

iii. Associations or other groups representing charities;

iv. Online directory distributors;

v. Internet portals;

vi. Accounting, law, and consulting firms; and

vii. Educational institutions and trade associations.

d. We will approve link requests from these organizations if we decide that:

i. the link would not make us look unfavourably to ourselves or to our accredited businesses;

ii. the organization does not have any negative records with us;

iii. the benefit to us from the visibility of the hyperlink compensates the absence of AtmosClock.co.uk; and

iv. the link is in the context of general resource information.

e. These organizations may link to our home page so long as the link:

i. is not in any way deceptive;

ii. does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and

iii. fits within the context of the linking party's site.

f. If you are one of the organizations listed in paragraph c above and are interested in linking to our website, you must inform us by sending an e-mail to sales@atmosclock.co.uk . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

g. Approved organizations may hyperlink to our Website as follows:

i. By use of our corporate name; or

ii. By use of the uniform resource locator being linked to; or

iii. Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

h. No use of AtmosClock.co.uk's logo or other artwork will be allowed for linking absent a trademark license agreement.

i. Content Liability:

i. We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

j. Reservation of Rights:

i. We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request.

ii. We also reserve the right to amend these terms and conditions and its linking policy at any time.

k. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

21. Removal of links from our website:

a) If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

22. We do not ensure that the information on this website is correct.

a) We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

23. Disclaimer:

a. To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

i. Limit or exclude our or your liability for death or personal injury;

ii. Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

iii. Limit any of our or your liabilities in any way that is not permitted under applicable law; or

iv. Exclude any of our or your liabilities that may not be excluded under applicable law.

b. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

i. are subject to the preceding paragraph; and

ii. govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

c. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.