The Terms and Conditions of Sale detail terms on which you, as a customer, may purchase bespoke goods ('goods') from us via our website at www.atomic22.com ('Site').
The term ' Atomic22', 'we', 'us, 'our' refers to the owner of the Site whose registered office is located at Unit 5, Graylands, Horsham, West Sussex, RH12 4QD, United Kingdom. Our company is registered in England and Wales with registration number 7230173. Our VAT number is GB991838760. We are a limited liability company. 'product' or 'products' refers to goods supplied by Atomic22; 'you', 'your' refers to you as a customer.
In ordering any goods, you agree to be bound by these Terms and Conditions of Sale. Prior to placing any order you must check "I Accept" in order to accept these Terms and Conditions of Sale. Please understand that if you refuse to accept these Terms and Conditions of Sale, you will not be able to purchase any goods from the Site.
Pricing and Payment
All our prices are stated in Great British pounds. Prices for Great Britain and Europe include Value Added Tax (VAT).
The price on goods being shipped to all other countries (including EU regions exempt from VAT) does not include VAT. However, please note that customs duty and/or local taxes may apply once the shipment reaches your country.
You will be responsible for payment of any such 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.
You shall be charged an additional sum to cover packaging and postage costs, details of which can be found under our Terms of Delivery stated below.
We reserve the right to change prices without notice up until the time you have placed your order.
Payments and transactions are managed for us by the independent e-commerce payment gateway, PayPal. Payments to us will appear on your bank statement as Atomic22 Ltd.
Errors and Omissions
We endeavour to ensure that our prices are current. However in the event of errors or omissions on the Site we reserve the right to refund your order prior to the goods being despatched.
Every care has been taken to ensure that the descriptions and specifications of our products are correct. Please note that due to the limitations of the photographic processes and variations in rendering through digital media, goods may not appear the same colour as shown on the Site. Every attempt is made to represent colours as accurately as possible.
It is your responsibility to ensure that you order the correct part(s) to suit your component(s)/frame(s) through the Site and/or supply us with accurate information when requested so that we can provide the correct solution(s) for your bike(s).
After placing an order, you will receive an automated e-mail from us acknowledging that we have received your order (an Auto Email). Please note that this is NOT an acceptance by us of your order. Your order constitutes an offer by you to us to buy our products. 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 (the Order Confirmation). The binding contract between us in respect of our sale and delivery of goods to you (Contract) will be on the terms set out in these Terms and Conditions of Sale (and any documents incorporated herein) and any terms set out in your order which are accepted by us in our Order Confirmation and the Contract shall only be formed on the date that we send the Order Confirmation to you.
The Contract will relate only to those goods whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the acceptance of your order in respect of such goods has been confirmed in a separate Order Confirmation.
We reserve the right to reject your order at our discretion at any point prior to the goods being despatched. In the event that we reject any order, we shall reimburse you for any sums paid to us under such order only (and not, for the avoidance of doubt, sums in respect of any other order) within five (5) working days of the date of our email rejecting your order.
Our acceptance and successful despatch of your order(s) does not constitute an agreement by us to supply further goods in the future and we reserve the right to reject future order(s) at our discretion.
Ordering is on a first come first served basis. Your order will be placed in a queue and processed as soon as possible. Due to the bespoke nature of the products, we cannot provide a lead time as this may vary.
If you need to amend or cancel your order, you have the right to do so at any time up to such time that you receive an Order Confirmation and will be reimbursed for the order. Please note that our sending of an Order Confirmation shall be deemed receipt of such confirmation by you. Once such Order Confirmation email has been sent by us, we have a formal binding agreement between you and us on the terms and conditions contained herein and your order form and you may not cancel your order.
You may cancel or amend your order by emailing us at email@example.com.
Delivery of your goods will be in accordance with our Terms of Delivery which are hereby incorporated into these Terms and Conditions of Sale.
Title in the goods passes to you when we have received payment.
All risk of loss or damage to the goods passes to you when you have received the goods.
In the event that you do not receive any goods that we have dispatched to you, we will (at our discretion) either dispatch a replacement or refund to you to the purchase price of the goods together with the costs paid by you of any postage and packaging. We shall require from you reasonable evidence of non-delivery.
Our products are made to your order and are therefore 'personalised' as recognised by the Distance Selling Regulations. Hence we do not accept returns if the goods are unsuitable.
In the unlikely event the goods you have received are damaged or we have made mistakes with your order we will of course repair or replace such items as soon as possible.
Please check goods carefully and report any problems immediately on delivery. If you wish to obtain a replacement for faulty or damaged goods, you must notify us by sending an email to firstname.lastname@example.org
If an item needs to be returned, it is your responsibility to ensure the return of the item to our premises. This includes meeting the packaging and postage costs. Please ensure that any goods returned to us are suitably packaged and protected. We do not accept any responsibility for items lost or damaged in transit regardless of the method of return used.
If a product purchased from us has developed a fault then please contact Customer Services as soon as possible.
Our warranty does not cover:
Normal wear and tear
Improper fitting or assembly
Improper follow-up maintenance
Damage or failure due to accident, misuse, abuse, or neglect
Labour charges for part replacement
This warranty is void in its entirety by any modification to our goods. This warranty is expressly limited to the repair or replacement of a defective item, and said repair or replacement is the sole remedy of the warranty. This warranty extends from the date of purchase, applies only to the original owner, and is not transferable. We are not responsible for any incidental or consequential damages. Some states do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
This warranty does not affect your statutory rights.
We do not accept liability for any damage caused to component(s) or the bicycle frame or for any loss of warranty (by the manufacturer(s) of the component(s) or the bicycle frame(s) caused by the retro-fitting of our products.
Some component manufacturers have inconsistent dimensions / tolerances within their models. While we endeavour to ensure that products we supply are a correct fit for the manufacturer/model of the component(s) requested, we cannot be held liable for another manufacturer's lack of consistency in production parts.
Fitting of our products is entirely at your own risk and it is up to you to verify at the time of fitting that the bicycle is safe to ride.
When using our Site, you accept that communication with us will be mainly electronic. 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.
You hereby agree to indemnify us against any claims, loss or damage arising (directly or indirectly including without limitation consequential loss, loss of goodwill and/or reputation) out of any breach by you of these Terms and Conditions of Sale and/or your use of our Site.
Events Beyond Our Control
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract with you 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.
Jurisdiction and Applicable Law
These Terms and Conditions of Sale (including the documents referred to and thus incorporated herein) shall be governed by the laws of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from these terms and conditions, provision of our services hereunder and/or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Variations and Assignment
All legal notices given by you to us must be given to our registered office Unit 5, Graylands, Horsham West Sussex, RH12 4QD, United Kingdom, we may give legal notices to you at the postal address you provide to us when placing an order. All legal notices hereunder must be sent by recorded delivery post and legal notices will be deemed received and properly served two days after the date of posting.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices clause above.
If any part of these Terms and Conditions of Sale are determined by any 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.
Any Contract between us shall not be enforceable by any third party who is not a party to such Contract whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these Terms and Conditions of Sale or the documents incorporated herein.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms and Conditions of Sale.
Nothing in this clause shall limit or exclude any liability for fraud.