Terms of Sale
This page tells you the terms and conditions on which we supply any of the products listed on our website www.atomicflump .co.uk to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that all contracts are subject to these terms and conditions and if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. About Us
1.1 www.atomicflump.co.uk is a site owned by Anita Thomson at the following premises:
6T Elizabeth House
Weston Super Mare
2. How The Contract Is Formed Between You And Us
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. This email is to acknowledge receipt of your order. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted and the Product has been dispatched (the Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. We can only confirm the availability of goods once your order has been received and this will be done via the Dispatch Confirmation. You should read your Dispatch Confirmation as this contains important information and you are advised to check the details contained in it.
3. Consumer Rights/Cancellation
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In the case of this cancellation, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8).
3.2 To cancel a Contract, you must inform us in writing which can be an email. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a legal right of action against you for compensation.
3.3 You will not have any right to cancel a Contract for the supply of any personalised products.
3.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory right relating to faulty or mis-described goods. For further information about your statutory rights, contact your local Trading Standards Department or Citizen's Advice Bureau.
4.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.2 The date of delivery specified by Atomicflump is an estimate only. Time for delivery shall not be of the essence of the contract.
4.3 If Atomicflump is unable to deliver the Goods for reasons beyond its control, then the Atomicflump shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
4.4 All orders will be sent by first class post to keep the buyers costs at a minimum unless otherwise specified and paid for by the buyer or deemed otherwise by Atomicflump. Please allow up to 5 working days for delivery after payment has been approved. If no delivery date has been specified in the dispatch notification, delivery will be within 30 days.
4.5 Atomicflump is not responsible for any items lost or damaged in the post once dispatched. Nor is it responsible for any extra charges incurred due to customs, duty or brokerage fees or otherwise
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
6.1 The Products will be at your risk from the time of delivery and you will be responsible for the goods. You must ensure they are kept safe and secure.
6.2 You are advised and requested to examine the goods as soon as reasonably possible and notify us of any fault or damage as soon as reasonably possible and within 7 days(please see clause 8.1(b) below).
7.1 Where the Goods have been manufactured/made by Atomicflump and are found to be defective, Atomicflump shall repair, or in its sole discretion, replace defective Goods free of charge within 7 days from the date of delivery, subject to the following conditions:
7.1.1 the Buyer notifying Atomicflump in writing immediately upon the defect becoming apparent;
7.1.2 the defect being due to the faulty design, materials or workmanship of Atomicflump.
7.2 Any Goods to be repaired or replaced shall be returned to Atomicflump at the Buyer's expense, if so requested by Atomicflump.
7.3 Where the Goods have been manufactured and supplied Atomicflump by a third party, any warranty granted to Atomicflump in respect of the Goods shall be passed on to the Buyer.
7.4 Atomicflump shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
7.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein.
8. Price And Payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT and delivery costs are quoted underneath and confirmed at checkout.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card, paypal or postal orders (postal orders only accepted by UK customers). Payment in full is taken at the time of purchase.
9. Our Refunds Policy
9.1 When you return a Product to us:
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our Liability
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not liable to you for loss or damage where there is no breach of a legal duty by us.
10.3 This does not include or limit in any way our liability:
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
11. Import Duty
11.1 If you order for Products from our site is for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Atomicflump at firstname.lastname@example.org. Please also include a subject title in the email to us to assist with filtering out SPAM and dealing with your email quickly. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer Of Rights And Obligations
14.1 The contract between you and us is binding on you and us.
14.2 You may not transfer or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. This contract is personal to you.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. This is to ensure the continuity of services to you.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by unforeseeable events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (but is not limited to) the following:
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these terms and Conditions or any provisions of a Contract are determined by court or other competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
17.1 We intend to rely on these terms and conditions in relation to the Contract. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 While we accept responsibility for statements and representations made by our duly authorised agents, we recommend you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law And Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.