Member Agreement and terms and conditions
Welcome to Atomy UK
1.1. These Terms of Service are a legal agreement between you and Atomy Distribution Limited ("Atomy", "we", "our"), a company registered in England and Wales under number 12617825, whose registered office is at 1 Bell Court, Leapale Lane, Guildford, England, GU1 4LY, VAT number is GB350646995.
1.2. These Terms of Service are separated into 2 parts:
3. HOW TO CONTACT US
3.1. You can contact us by telephoning our customer service team at 020 3878 4522 or by writing to us at firstname.lastname@example.org.
3.2. 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.
PART 1 – MEMBERSHIP AGREEMENT
1. THE TERMS OF SERVICE
For the purposes of this Part 1 (Membership Agreement): "Application" means an application by an Applicant to become a Member (each term as defined below); "Applicant" means a person who applies to become a Member (as defined below) of Atomy in accordance with Part 1 (Membership Agreement); "Compensation Plan" means the compensation plan described in clause 4.3 of Part 1 (Membership Agreement); "Member" means an Applicant who is successfully accepted by Atomy to become an Atomy member in accordance with Part 1 (Membership Agreement); "Sponsor ID" means the sponsorship ID allocated to a Member; and "Sponsor Member" means a Member who refers an Applicant to Atomy.
The terms in this Part 1 (Membership Agreement) apply to Atomy's provision and your use of Atomy's content platforms, sites, applications and services in your capacity as a Member (as defined below) of Atomy. Your access to the services is permitted by Atomy on the basis that you have accepted these terms, and in consideration for that acceptance. If you do not agree to the terms, you are not permitted to access the services in any manner. If you do access the services (whether you make use of them or not), you are deemed to have agreed to these Terms of Service in their entirety.
If registering, gaining access to, or obtaining the services on behalf of a minor, you warrant that you are at least 18 years of age (or the age of majority within the jurisdiction you reside), and that you are the minor's parent or legal guardian. Atomy strongly advises that no user under 16 years of age should access the services and any parent or guardian that considers doing so on behalf of a minor, seek advice from an independent health care professional and consider the Terms of Service herein carefully.
The following criteria must be met by an Applicant to be eligible for consideration of membership to Atomy:
2.2. Acceptance of Membership
Atomy has the unfettered right to accept or reject any Application as it deems appropriate in its discretion without having to provide justification or reasons to the Applicant for either the acceptance or rejection of the Application.
2.3. Member Access & Commencement
The Applicant becomes a Member when the Application for membership is accepted and upon the information of the Application being entered into Atomy's records. Until then, the Applicant is not permitted to buy and refer Atomy's services and products. Access to Atomy's website after registration does not mean that an Application has been accepted nor that an Application will be considered for acceptance.
2.4. Term of Membership
The Term of membership commences from the date of the Applicant's membership approval and registration on Atomy records (the "Commencement Date") and continues until the twelve (12) month anniversary of the membership Commencement Date or until otherwise terminated by the parties in accordance with the Terms of Service (the "Term").
2.5. Automatic Renewal of Membership
A Member's membership with Atomy will be automatically renewed at the expiry of the Term only if the Member continues to satisfy the Atomy eligibility requirements specified in clause 2.1 of Part 1 (Membership Agreement) (or as otherwise specified from time to time) and subject to the Member having at least purchased one Atomy product during the Term. The renewed Term is subject to terms of the Terms of Service or as otherwise specified from time to time.
2.6. Membership Payment
There is no Application or joining fee to become a Member of Atomy.
2.7. Affiliated Education Centre
By signing up, you consent the company to have the right to change your affiliated Education Centre. If you want to change it in the future, you can directly change it in My Office.
3. MEMBER WARRANTY
The Member warrants that on the Commencement Date and throughout the Term, the activities it undertakes as a Member to obtain the benefits detailed in clause 4 of Part 1 (Membership Agreement) are secondary to the activities it undertakes to earn its main source of income or its business (in each case, which have no relation to Atomy or any benefits provided by Atomy).
4. MEMBER BENEFITS
4.1. Access to Atomy Products
Members will have access to the Atomy Member section of the Atomy website and will have access to a range of Atomy products for purchase, as made available by Atomy in its sole discretion from time to time.
4.2. Member Becomes Sponsor
Upon acceptance of a Member application and being successfully registered in the records of Atomy as a Member, the Member will be provided with a Sponsor ID for its use for other potential Members that seek to join Atomy and purchase Atomy products. Sponsor IDs must be used in strict compliance with these Terms of Service.
4.3. Compensation Plan
4.4. Membership Access & Referral License
Members are granted a revocable, non-exclusive, non-assignable, limited referral license to recommend and refer Atomy services and products within the United Kingdom, EEA and Switzerland for the period that the Membership remains in effect. Members are not required to promote or refer to maintain membership and there are no referral sales requirements and there is no requirement for the Member to carry out any work. Members however are required to:
5. WEBSITE USE 5.1. Use You are responsible for your own access and use of the Atomy services and accept the following terms: (a) after you have created an account with Atomy, you may use the website to search, view content and products, purchase products and interact with the material made available; (b) usage of the Atomy website, products and services are for personal use only and is not to be used for any other purpose other than the purpose established by these Terms of Service; and (c) you acknowledge that your Member account is not a secure data storage facility for primary information that you wish to retain. Atomy reserves the right to delete content stored using the Atomy website at any time without notice. If you want to secure your content, you should take other measures to ensure safe and secure storage of your content. 5.2. Site Availability Atomy does not guarantee that the website, products or services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our services may do so and Atomy reserves the right to limit access to or terminate the services and Membership of anyone without limitation. 5.3. Automated Access All automated access is also subject to these Terms of Service. No automated software may access the site until the person responsible for the automated access has accepted these Terms of Service. As such, any attempt to obtain automated access will be bound by these Terms of Service. 6. MEMBER PROHIBITED ACTIONS 6.1. Actions Not Permitted Atomy prohibits the use of the Atomy site, its products and services and its Intellectual Property (as defined in clause 7.1 of Part 1 (Membership Agreement)) in any manner other than as expressly allowed by Atomy in these Terms of Service. Without limiting the rights Atomy may have, you agree that Atomy may suspend, terminate or delete your Membership account immediately and without notice if: Payment (a) you charge or attempt to charge a fee to prospective Atomy Members in exchange for any of the following: (i) sponsorship of a Member application; (ii) an offer of assistance to a prospective Member with their application of membership to Atomy; (iii) training or information to a prospective Member or customer of the products and services of Atomy; (iv) admission tickets or invitations to attend seminars, meetings or other informational events; or (v) for any other action that relates to obtaining information about Atomy Membership, products or services. True Information (b) you lie or mislead Atomy (and, in some circumstances, other Members) about your personal details that you provided in your membership Application; (c) you attempt to register more than one Membership with Atomy under a different identity including a business name or company name; Registration of Another (d) you register or apply for membership with Atomy for another person without their express written consent or the express written consent of Atomy; Spouse or Defacto Registration (e) you register your spouse or defacto partner as a separate membership Application or fail to disclose that you have a spouse or defacto partner in your Membership application process; Misrepresentation or Misstatement (f) you misrepresent, mislead, or misdescribe Atomy products, services or Membership benefits to third parties, prospective members or prospective customers; Information Confidential to Members (g) (h) you disclose Atomy product or service information to any non-Member that is not authorised Atomy promotion material without first obtaining the express written consent of Atomy; Use of Brand, Logo and Materials (i) you use the trade mark, logo or other Intellectual Property (as defined in clause 7.1 of Part 1 (Membership Agreement)) of Atomy in any way that is not expressly authorised in the these Terms of Service; Selling Products (j) you sell or attempt to sell Atomy products or services using any method that is not the official Atomy website (or other official Atomy forum) or that is not expressly authorised by these Terms of Service or as otherwise authorised to in writing by Atomy from time to time. Prevented methods of sale include (but are not limited to): (i) non-Atomy official and approved websites or online forums, including but not limited to: (A) bidding or auction sites (such as but not limited to www.ebay.com), social media forums (such as but not limited to Facebook, Twitter, Instagram, Snapchat etc.) and other websites such as Amazon or other similar sites; (B) social smart device applications (such as but not limited to Kakao Messenger, Wechat, WhatsApp, Viber, Facebook Messenger etc); (C) blogs or websites that are owned or controlled by you which includes any business or company website; and (D) requesting any non-Atomy approved websites to host products or Services or Sponsor ID for display, publication or sale, or requesting another party to do so on your behalf. (ii) retail sales environments such as shopping centres, markets, pop up stalls or shops, street vendors, public areas (such as public streets or car parks) or other similar locations; (iii) personal places of residence, such as your house, or the house of a family member or friend; and (iv) any other method Atomy deems prohibited in its discretion from time to time. Conduct between Members and Customers (k) you stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual or Member of Atomy; Transactions between Members (l) enter unauthorised transactions or illegal transactions of any kind including transactions that may occur between Members; Competing Products and Services (m) sell or represent to current and prospective customers of Atomy, products or services that may reasonably be regarded as products or services that compete with Atomy products and services; No Joining other MLMs (n) you accept membership of, apply for or be a member of any other Multi-Level Marketing business during the Term of this Agreement and your membership; Forcing Sales (o) you encourage or promote Member down lines or consumers to purchase products in a manner that may be reasonably regarded as coercive, excessive pressure or in a manner that is not the genuine promotion for the sale of products or services for the dominant purpose of consumer consumption; (p) you represent that the purchasing of products is necessary to become a Member of Atomy or to obtain information about Atomy products and services; Changing of Sponsor (q) you change or attempt changing of Sponsor Members without the express written authority of Atomy; (r) you entice, offer, solicit, influence or persuade another Member to change or attempt to change their Sponsor Member or line of sponsorship; Change of Atomy Representative Company (s) you change or attempt to change Membership to another Atomy centre to obtain similar products or services as offered by Atomy without Atomy's prior written consent; Respect Member Customer Lines (t) you recruit or attempt to recruit customers or Members or prospective customers or Members that have been introduced to Atomy by, or comprise of the sales lines of another Member; Publication of Sponsor ID (u) you publish the Member Sponsor ID on personal websites, internet based applications, social media applications, social media websites or other media forum including newspaper, magazines, television and radio; Alteration of Information, Products or Services (v) you alter, modify or change any of the products or services of Atomy (including packaging, accompanying information, and instructions) in any manner (including attempted alteration, changes or modifications) without the prior written authority of Atomy; Genuine Purchases (w) you purchase products with the dominant purpose of benefiting from the Compensation Plan; or No Broad Advertising and Promotion (x) you do not promote publicly or publish invitations to meetings, invitations to learn about Atomy and its products and services or information about Atomy or its products or services with the purpose of inducing or soliciting Membership. 7. INTELLECTUAL PROPERTY 7.1. Meaning of "Intellectual Property": Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the Products, Atomy website, Atomy business, and the trade marks and any advertising and promotional materials provided to the Member including software, Confidential Information (as defined in clause 8.1 of Part 1 (Membership Agreement)), source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings and all Confidential Information (as defined in clause 8.1 of Part 1 (Membership Agreement)) necessary for, or which may be used in connection with the administration, operation and marketing of the Atomy products and Services. 7.2. Use The Member agrees that all rights in and relating to the Intellectual Property are and remain the property or under the control of Atomy and that the Member does not acquire any right, title or interest in any of the Intellectual Property. The Member must: (a) not register or seek to register any of the Intellectual Property without the prior written consent of Atomy; (b) not cause any of the Intellectual Property to be prejudicially affected or contested; (c) not use the Intellectual Property without the prior express written authority of Atomy and in any case, not use the Intellectual Property to hold themselves out as an "official" representative (or a representative in any other similar capacity) of Atomy; (d) attribute any content provided by Atomy to Atomy; (e) not make any alterations to the Intellectual Property; (f) not use the Atomy brand name or any derivative of the words comprising the Atomy brand name, in the Member's business, or personal domain names; (g) stop using the Intellectual Property upon the termination these Terms of Service or Membership or at the immediate request of Atomy; (h) not modify the design, appearance and attributes of any products or services, packaging, promotion or marketing materials; (i) not register or attempt to register a business name or company name that contains the word "Atomy" or any combination of words that indicates a connection with or is similar to Atomy; (j) not consent or oppose or assist any other person to contest or oppose any application for registration of the Intellectual Property as trademarks or as business or company names; and (k) not reproduce, in whole or in part, any printed material or audio or visual recordings that have been produced by Atomy unless given prior written authorisation to do so by Atomy. These materials are protected by copyright and form part of the Intellectual Property whether registered or unregistered and are considered proprietary to Atomy. 8. CONFIDENTIAL INFORMATION 8.1. Confidential Information Meaning (a) "Confidential Information" means: (i) the ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by Atomy; (ii) any information regarding Atomy relating to their business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all associated information; and (iii) all reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created during the course of the Member's membership; but does not include information that is already in the public domain at the Commencement Date or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality. 8.2. Prohibited Conduct (a) The Member agrees that: (i) it will not use the Confidential Information to conduct or establish a business or assist another to establish or conduct a business that is similar to the business of Atomy in concept, design or execution without first obtaining the prior written approval of Atomy; (ii) it will not disclose the Confidential Information to any other party without the prior written authority of Atomy; (iii) it will take all reasonable steps to ensure the safety and integrity of the Confidential Information to prevent it from disclosure to any unauthorised party; (iv) it will on demand of Atomy, return any Confidential Information supplied by Atomy to the Member in connection with membership and these Terms of Service; and (v) this clause survives termination of these Terms of Service. 9. RELATIONSHIP OF THE PARTIES 9.1. The Member agrees that: (a) If the Member actively conducts promotion of Atomy with a view to earning benefits under the Compensation Plan, the Member does so as an independent contractor and is responsible for its own business affairs that includes but is not limited to: (i) establishing customer leads and maintenance of its own customer information; (ii) setting its own objectives, strategies and scheduling; (iii) obtaining, insuring, and usage of any necessary equipment, products or services; (iv) uniforms or other suitable attire; (v) any expenses connected with operational costs, licensing, insurance and other incidental items; and (vi) payment and account of any applicable taxes including any VAT liabilities or payment and taxes connected to receipt of any Compensation Plan awards, commission payments or other benefits ("Taxes") and the Member indemnifies Atomy in respect of all such Taxes; (b) that the relationship between Atomy and the Member is not one of partner, principal and agent, employee, franchisee, joint venture, securities holder, fiduciary or beneficiary. For the avoidance of doubt, your relationship with Atomy is non-exclusive and you are free to be employed, engaged or interested in any other businesses save in the limited circumstances in which doing so would breach the express terms of this Agreement and, in particular, clauses 6.1(m) and 6.1(n); and (c) that it does not have the power or authority either directly or indirectly or through its servants or agent (if any) to bind Atomy with a customer or other third party or otherwise contract or negotiate or attempt to enter a binding relationship for or on behalf of Atomy. 10. INFORMATION DISCLAIMER The Member agrees that: 10.1. Information Reliance Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. All information contained on the Atomy website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be purchased and used or consumed in consultation with medical or professional heath care advice. 10.2. Must Seek Advice Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health related product or service made available for sale on the Atomy website. This information is not to be taken as any sort of medical advice whatsoever. Members must also consult with their physical health care provider prior to the purchase and use of any of the Atomy Products or Services available on the Atomy website. 10.3. No Substitute for Advice The information contained on Atomy's sites are not intended nor is it implied to be a substitute for professional medical or health advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition. NOTHING CONTAINED IN THE SERVICE OR ATOMY WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT OR HEALTH AND WELL BEING ADVICE OR INFORMATION OR THAT THE USAGE OF PRODUCTS AVAILABLE ON THE ATOMY WEBSITE ARE SAFE FOR YOUR PERSONAL USE. 10.4. No Guarantee of Results Atomy does not guarantee that any specific or beneficial result will be obtained from use of the Atomy services, purchase of Atomy products, or promotion or referral of customers to become Members and purchase Atomy products. 10.5. Action by You If you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional health upon accessing Atomy services and products, you will seek the attention of your independent health care professional immediately. 10.6. Testimonials Any testimonials displayed on the Atomy website may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials. 11. DISCLAIMER & LIMITATION OF LIABILITY 11.1. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your legal rights (including the right to receive the Products as described and which are of satisfactory quality); or arising under applicable laws relating to the protection of your personal information. Atomy and its directors, officers, employees and representatives are not legally responsible for: (a) losses that: (i) were not foreseeable to you and us when the contract was formed; or (ii) that were not caused by any breach on our part. (b) business losses; and (c) losses to non-customers. 11.2. Liability for supply of Atomy products and services. Atomy's liability arising in connection with the supply of products and/or services will be as set out in Part 2 (Terms and Conditions of Sale of Products). 12. 12.1. 12.2. 13. REPUTATION, DIPARAGEMENT & DISREPUTE The Member agrees that: 13.1. Lawful Conduct the Member will always conduct itself in a manner that is compliant with the laws of the jurisdiction of which it resides or conducts business activity within; 13.2. Positive Conduct the Member will not conduct itself in a manner that Atomy in its absolute discretion regards as being a risk of bringing Atomy into public disrepute and the Member will endeavour to conduct itself in a manner that presents a positive image for Atomy and its products and services; 13.3. Non-disparagement the Member will not in any way, whether in writing, orally or otherwise, call into disrepute, slander, defame or otherwise criticise Atomy or any of its directors, officers, staff, employees, agents, Atomy Products or Atomy Services 14. SUSPENSION OF RIGHTS, MEMBERSHIP OR BENEFITS The Member agrees that: 14.1. Suspension Atomy may in its unfettered discretion and without prejudice to any rights it has under this Terms of Service (including termination), suspend, or alter any rights or benefits contained with membership to Atomy including but not limited to purchasing of products and using the services, referral rights, suspension of rights granted via the Compensation Plan, non-payment of Compensation Plan benefits, non-awarding of Compensation Plan points or cancellation or suspension of any bonus payments or awards and may do so for any period of time and for any amount or value that Atomy determines appropriate in its absolute and unfettered discretion. 15. TERMINATION & EXPIRY OF MEMBERSHIP AGREEMENT 15.1. Terms Which Are Fundamental to the Relationship Between You and Us The following terms of these Terms of Service are fundamental to the relationship between you and us and any breach of such terms will be considered a repudiatory breach of the Terms of Service (for the avoidance of doubt, this is not an exhaustive list and Atomy may consider that a breach of another term of these Terms of Service would also constitute a repudiatory breach): (a) clause 2.1 (Eligibility); (b) clause 3 (Member Warranty); (c) clause 4.4 (Membership Access & Referral License); (d) clause 6 (Member Prohibited Actions); (e) clause 7 (Intellectual Property); and (f) clause 8 (Confidential Information). 15.2. If you breach any of the terms list in clause 14.1, in addition to any other rights and remedies that Atomy may have, Atomy will be entitled to immediately suspend or terminate your Membership without notice. 15.3. Termination by Atomy for Any Other Breach The Member agrees that Atomy without prejudice to any other rights it may have under these Terms of Service or at law, may terminate the Terms of Service and any membership immediately by written notice if the Member is in breach of any other term of the Terms of Service. 15.4. Termination by Atomy Without Cause The Member agrees that Atomy may terminate the Terms of Service and any membership of a Member for any reason whatsoever, by providing written notice of termination of fourteen (14) days. 15.5. Termination by Member Atomy agrees that a Member may terminate its membership and these Terms of Service for any reason by providing a letter of membership termination to Atomy by email at: email@example.com or as otherwise specified by Atomy from time to time. Membership termination will be deemed accepted at the time of receipt by Atomy. 15.6. Effect of Termination Upon termination or expiry of membership and/or these Terms of Service, the Member agrees that: (a) referral rights granted to the Member under this Agreement come to an end; (b) any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by Atomy from time to time) are immediately no longer redeemable, or recoverable by the Member in any manner whatsoever; (c) all rights and licenses of the Member to use any of the Intellectual Property (including brand name, trademarks, Confidential Information) revert to Atomy without the need for anything else to be done by Atomy; (d) it will stop using and displaying in any manner, the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of Atomy; (e) cease using any Confidential Information; and (f) do all things necessary (including executing all documents) reasonably required by Atomy and necessary or desirable to give full effect to the obligations of the Member at the end of this Agreement. 15.7. The termination or expiry of your membership and/or these Terms of Service or the suspension of your membership in accordance with these Terms of Service will not affect any rights you might have in relation to any products you have purchased from Atomy prior to such termination, expiry or suspension. 16. AMENDMENTS TO THE TERMS OF SERVICE Atomy reserves the right to amend these Terms of Service and its policies whenever Atomy considers it necessary to do so within Atomy's reasonable discretion. If you wish to modify these Terms of Service, you must obtain Atomy's agreement to vary the Terms in writing. 17. ASSIGNMENT You cannot assign your rights, benefits or obligations under these Terms of Service without Atomy's prior written consent. Atomy can novate or assign its rights or obligations under these Terms of Service without restriction. 18. SEVERABILITY If anything in these terms and conditions is unenforceable, illegal, invalid or void then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed and the rest of these terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these terms. 19. WAIVER AND CUMULATIVE REMEDIES No failure or delay by either party in exercising any right under the terms will constitute a waiver of that right. Other than as expressly stated in the terms and conditions, the remedies provided in the terms and conditions are in addition to, and not exclusive of, any other remedies of a party under any applicable law. 20. ELECTRONIC COMMUNICATIONS The communications between you and Atomy use electronic means, whether you visit the Atomy website or Services or send Atomy e-mails, or whether Atomy posts notices on the website or as part of its services or communications with you via e-mail. You hereby consent to receive communications from Atomy in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Atomy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. 21. THIRD PARTY RIGHTS No one other than you or us has any right to enforce any term of these terms and conditions between you and us. 22. GOVERNING LAW AND DISPUTES The terms and conditions 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. PART 2 – TERMS AND CONDITIONS OF SALE OF PRODUCTS 1. GENERAL 1.1. These are the terms and conditions on which we supply Atomy products ("Products") to you when you purchase Products from us through the Atomy website ("Terms and Conditions"). When buying Products on our site, you also agree to be legally bound by: (a) the Membership Agreement; (b) extra terms which may add to, or replace some of, these Terms and Conditions. This may happen for security, legal or regulatory reasons; or to make these Terms and Conditions easier to understand or fairer to you. We will inform you of any changes as soon as possible. You can end this Contract (as defined below) at any time by giving one month’s notice if we tell you extra terms apply; and (c) specific terms which apply to certain Products. If you want to see these specific terms, please visit the relevant webpage for the Products during the online checkout process. 1.2. Any order placed by you for Products will be subject to the Terms and Conditions of the Contract (as defined below) in force at the time you place your order. 1.3. Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide Products to you, how you and we may change or end the contract for the sale of Products, what to do if there is a problem and other important information. 2. SUMMARY OF YOUR KEY LEGAL RIGHTS We are under a legal duty to supply Products that are in conformity with this Contract (as defined below). See the box below for a summary of some of your key legal rights in relation to the Products. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. However, please see clause 5.3 of Part 2 (Terms and Conditions of Sale of Products) for our goodwill guarantee. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following: —up to 30 days: if your goods are faulty, then you can get a refund; —up to six months: if they can't be repaired or replaced, then you’re entitled to a full refund, in most cases; —up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully. 3. ORDERING PRODUCTS FROM ATOMY 3.1. Below, we set out how a legally binding contract between you and us is made for the sale of Products. Please note, by showing Products on our website that you are able to purchase from us, this is not an offer by us to make a contract with you in respect of such Products. 3.2. Before placing an order on our website, you must become a Member and the Terms of Service will apply to you in your capacity as a Member (each term as defined in Part 1 (Membership Agreement)). 3.3. You place an order on our website by clicking on the [Complete Order] button. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. 3.4. When you place your order at the end of the online checkout process your credit card or debit card will be charged at checkout and we will acknowledge your order by email. This acknowledgement does not, however, mean that your order has been accepted by us. 3.5. We may contact you to say that we do not accept your order. This is typically for one or more of the following reasons: (a) the products are unavailable; (b) we cannot authorise your payment (in which case your credit card or debit card will not have been charged); (c) you are not allowed to buy the products from us; (d) we are not allowed to sell the products to you; (e) you have ordered too many products; or (f) there has been a mistake on the pricing or description of the products. 3.6. If we do not accept your order for any of the reasons set out above (other than where we cannot authorise your payment) we will refund you as soon as possible and in any event within 14 days. 3.7. We will only accept your order when 3.8. 3.9. our courier emails you to confirm that your order has been dispatched (a "Confirmation Email"). 3.10. Once you receive a Confirmation Email, a legally binding contract ("Contract") will be in place between you and us. 4. PROVIDING THE PRODUCTS 4.1. The costs of delivery will be as displayed to you on our website. 4.2. We will deliver products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. 4.3. 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 4.4. Due to product demands, Atomy Products may not be available at all times. If no Products are available, Atomy will contact you and inform you of our Product availability and projected delivery times. If you do not agree to such revised delivery times you may contact us to end the Contract and receive a refund for any Products you have paid for but not received. 4.5. We do not deliver to addresses outside the United Kingdom, EEA or Switzerland. 4.6. Our Products (a) The images of the Products on our website are for illustrative purposes only. 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. (b) The packaging of the Product may vary from that shown in images on our website. 4.7. When You Become Responsible for the Products Products will be your responsibility from the time we deliver the Product to the address you gave us. You own a Product which is goods once we have received payment in full. 5. YOUR RIGHT TO CANCEL THE CONTRACT 5.1. For most Products bought online you have a legal right to change your mind. You do not have a right to change your mind in respect of: (a) Products made by us your specifications or clearly personalised once an order for such Products has been accepted by us; (b) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and (c) any Products which become mixed inseparably with other items after their delivery. 5.2. Nothing in this Contract affects any other rights in law you may have to cancel the Contract. 5.3. How Long You Have to Change Your Mind You have 30 days after the day you (or someone you nominate) receives the Products to change your mind, unless: your Products are split into several deliveries over different days, in which case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products. Please note, this clause reflects the goodwill guarantee offered by Atomy Distribution Limited, a company registered in England and Wales under number 12617825, whose registered office is at 1 Bell Court, Leapale Lane, Guildford, England, GU1 4LY to its UK, EEA and Switzerland based customers, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 which stipulates a 14 day period, rather than a 30 day period. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 2 of Part 2 (Terms and Conditions of Sale of Products). 5.4. How to Exercise Your Right to Change Your Mind To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the model cancellation form set out in the box below, but it is not obligatory. You can also electronically fill in the forms on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period detailed in clause 5.3 of Part 2 (Terms and Conditions of Sale of Products) has expired. Model Cancellation form To : Atomy Distribution Limited, 1 Bell Court, Leapale Lane, Guildford, England, GU1 4LY I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate 5.5. Please see Atomy's Returns policy here. 6. PRICE AND PAYMENT 6.1. When selecting to purchase, you will be required to provide Atomy with your credit card and debit card information. Please be aware that all credit card and debit card information may be shared with our third party payment processors. By ordering an Atomy Product, you agree that Atomy may charge you the price listed at the checkout screen on our website. If you have any issues with payment do not hesitate to contact Atomy. 6.2. The price of each Product will be the price indicated on the order pages when you placed your order (and will be in pound sterling (£) (GBP) and inclusive of VAT at the applicable rate). 6.3. Atomy reserves the right to alter, update, and/or change the prices for the Products at any time. Atomy may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time. 6.4. 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 products provided to you. 7. TAXES 7.1. You agree that Atomy may charge you taxes such as VAT for any purchases through our website and Services. If Atomy fail to charge you VAT you agree to pay any applicable VAT or other taxes as required by your local laws and ordinances. You agree that Atomy is not responsible for providing you with advice in regards to your tax liabilities. 7.2. If 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. 8. LIMIT ON OUR RESPONSIBILITY TO YOU We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your legal rights (including the right to receive the Products as described and which are of satisfactory quality); or arising under applicable laws relating to the protection of your personal information. Atomy and its directors, officers, employees and representatives are not legally responsible for: (a) losses that: (i) were not foreseeable to you and us when the contract was formed; or (ii) that were not caused by any breach on our part. (b) business losses; and (c) losses to non-customers. 9. OUR RIGHTS TO END THE CONTRACT 9.1. We may end the contract for a product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) 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; (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; (d) you do not, within a reasonable time, allow us access to your premises to supply the services; or (e) you order any products in breach of these Terms of Service. . 9.2. If we end the contract in the situations set out in clause 9.1 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. 9.3. We may write to you to let you know that we are going to stop providing the Product. We will let you know via our website at least two weeks (where possible) in advance 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. OTHER IMPORTANT TERMS 10.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided. 10.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 10.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 10.4. 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. 10.5. 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. 10.6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
Atomy Distribution Limited
Refund and delivery policy
Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you. How do I return/ exchange a product? If you want to change your mind/cancel your order, you must inform us within 30 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days, in which case you have until 30 days after the day you (or someone you nominate) receives the last delivery to inform us. You must inform us of your decision to cancel your contract by a clear statement (e.g. email to firstname.lastname@example.org). You may use the model cancellation form set out in our Terms and Conditions of Sale or the Product Return / Exchange (PR-01-04) and Refund Request (RF-01-02) forms specified below, but it is not obligatory. Once refund has been approved you will receive a free returns label to attach onto your parcel. You then need to return the products to us at the address specified below, no later than 30 days after the day on which you communicate your cancellation to us. We will exchange or refund you the price you paid for the products, including delivery costs. However, we may make the deductions from the price, as follows: (a) 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. (b) 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. · This policy does not affect your statutory rights to return faulty or misdescribed goods. When will I receive my refund or exchanged product? We will make the reimbursement or dispatch the exchanged products without undue delay, and not later than: a) 30 days after the day we receive back from you any products supplied, or b) (if earlier) 30 days after the day you provide evidence that you have returned the products, or c) For refunds, we will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest Compensation Plan Awards Upon return of a product any PV linked to the returned product will result in an adjustment to the PV to the current balance rather than adjusted retrospectively. Damage Via Postage Even though great care is taken in the postage process, if your item/s arrives damaged, please contact our Customer Service Team to assess the damage and to work out a solution. You may be requested to provide a photograph of your item/s and /or delivery package to aid a speedy resolution. You must inform us within 30 days after the day you (or someone you nominate) receives the damaged products, in which case you have until 30 days after the day you (or someone you nominate) receives the last delivery to inform us (email to email@example.com). You then need to return the damaged products to us at the address specified below, no later than 30 days after the day on which you communicate your issue to us. Returns Address Once refund has been approved you will receive a free returns label to attach onto your parcel to be returned to the following address: UK Orders Please return orders with completed returns document to: Atomy Distribution Limited Walkers Logistics, Ramsbury Road, Lambourn Woodlands Berkshire, RG17 7TJ EU Orders Please return orders with completed returns document to: LX Pantos Logistics Netherlands B.V IABC 5255, 4814 RD Breda, Netherlands
Orders shipping to UK Standard Delivery · £2.99 or FREE standard delivery for orders over £75. · Orders delivered between 3-5 working days. · Delivery time may vary depending on the location and circumstance. · Weekends and public holidays are exempt from the delivery period. · Delays may occur due to unexpected weather, stock shortages, incorrect postal code, etc. Next Day Delivery · £4.99 for Next Day Delivery. · Orders must be received before 3pm (Mon – Fri) for dispatch at 9am the next day. · Delivery time may vary depending on the location and circumstance. · Weekends and public holidays are exempt from the delivery period. · Delays may occur due to unexpected weather, stock shortages, incorrect postal code, etc. Orders shipping to EU Standard Delivery · FREE standard delivery for orders over £150 · Order delivered within 7-10 workings days · Delivery time may vary depending on the location and circumstance. · Weekends and public holidays are exempt from the delivery period. · Delays may occur due to unexpected weather, stock shortages, incorrect postal code, etc. · For orders under £150, delivery charges apply as per the below *Please note, some postcodes are classed as remote areas and extra charges may apply. If this is the case you will be notified before item is dispatched.
(Excludes any Islands requiring air freight)
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