Terms of service

OVERVIEW

Welcome to atmosia! The terms "we", "us" and "our" refer to atmosia. atmosia operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). atmosia is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as statutory warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in the United Kingdom), and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Consumer Statutory Rights: Nothing in these Terms affects your statutory rights under the UK Consumer Rights Act 2015, which dictates that all goods supplied must be of satisfactory quality, fit for purpose, and as described.

SECTION 3 - ORDERS AND CANCELLATIONS

When you place an order, you are making an offer to purchase. atmosia reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until atmosia confirms acceptance via a dispatch confirmation email. We must receive and process your payment before your order is accepted.

Right to Cancel (UK Consumer Contracts Regulations): If you are a consumer based in the UK or EU, you have a legal right to change your mind and cancel your contract with us within 14 days of receiving your goods, without giving a reason. To exercise this right, please contact us at contact@atmosia.co.uk. Your purchases are otherwise subject to return or exchange in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Value Added Tax (VAT): All prices posted on our website are inclusive of UK VAT at the applicable current rate, unless expressly stated otherwise. Posted prices do not include delivery charges, customs clearings, or local import duties where applicable.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that you are duly authorized to use your chosen payment method and that you will pay all charges incurred by you at the posted prices.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Risk of loss and damage to the products passes to you upon physical delivery of the goods to your provided address (or a safe place designated by you).

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by atmosia, its affiliates or licensors and are protected by United Kingdom and international copyright, trademark, and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, or transmit any of the material on the Services without our prior written consent.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

atmosia is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with atmosia. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and atmosia. You hereby release Shopify from all claims, damages, and liabilities arising from or related to your purchases and transactions with atmosia.

SECTION 10 - PRIVACY AND DATA PROTECTION

All personal information we collect through the Services is processed in strict accordance with our Privacy Policy [LINK], the UK GDPR, and the Data Protection Act 2018. Because the Services are hosted by Shopify, certain information you submit will be transmitted to and stored by Shopify on servers outside the UK (including the US and Canada). For full details on international data transfers and your rights, please review our Privacy Policy [LINK].

SECTION 11 - FEEDBACK AND REVIEWS

If you submit or post any ideas, suggestions, feedback, or product reviews (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, publish, and display such Feedback in any medium for any purpose, including for commercial use.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, or privacy rights. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable local, national, or international laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to transmit false or misleading information; (e) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (f) to transmit, or procure the sending of, any unsolicited marketing or promotional material ("spam"); (g) to upload or transmit viruses or any other type of malicious code; or (h) to use any automated scraping tool, robot, spider, or AI-agent mining tool to extract data from the Services without our express written permission.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software, web crawler, or automated service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity. 14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. 14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services. 14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by completing or circumventing CAPTCHAs; (iii) respond truthfully to any technical prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block or control whether and how Agents access the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

While we endeavor to ensure the information on our website is correct, the material is provided for general information only. To the maximum extent permitted by applicable law, the Services and all products offered through the Services are provided 'as is' and 'as available' for your use, without any express or implied representations or conditions. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 17 - LIMITATION OF LIABILITY

Nothing in these Terms of Service shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law (including your statutory rights under the Consumer Rights Act 2015).

Subject to the paragraph above, atmosia, our directors, officers, employees, or partners, alongside Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, or loss of data arising from your use of any of the Services or any products procured using the Services.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless atmosia and our affiliates, partners, officers, directors, and employees from any losses, damages, liabilities or claims, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, or your misuse of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements or communications.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales (except that if you are a resident of Scotland or Northern Ireland, you may also bring proceedings in your local courts).

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@atmosia.co.uk.

Our business contact information is posted below in accordance with the UK Electronic Commerce Regulations:

  • Trading Name: atmosia

  • Email Contact: contact@atmosia.co.uk

  • Registered Business Address: [Insert your physical business address or registered office here]

  • Business Phone Number: [Insert your store phone number here]

  • Company Registration Number: [Insert your UK Companies House number here, or delete this line if operating as a sole trader]

  • VAT Registration Number: [Insert UK VAT number starting with GB here, or state "Not VAT Registered"]