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Terms and Conditions of sale
By submitting an order, you are accepting the Terms and Conditions of the Atom Retro web site.
Terms and Conditions for the Supply of Products
a. In order to contract with Indie Apparel Limited you must be possess a valid credit or debit card issued by a bank acceptable to us. Indie Apparel Limited retains the right to refuse any request made by you. When placing an order with us you will supply the correct billing details as registered to the credit/debit card you pay your order with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes.
The Contract Between Us
a. Any contract for purchases made through the website will be with Indie Apparel Limited t/a Atom Retro, registered in England, and whose registered office is 6 Arundel Place, Scarborough, North Yorkshire, YO11 1TX, company registration number 05265639.
b. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.
c. Indie Apparel Limited t/a Atom Retro (known forth as 'Atom Retro') must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Payment is made in advance of despatch of the goods to you from our premises in Scarborough, North Yorkshire. When payment is to be made with Atom Retro Vouchers, the value will be debited from your voucher on placing your order. If the order is cancelled prior to despatch or not fulfilled the amount you have paid will be re-credited via your original method of payment. Once payment has been received Atom Retro will confirm that your order has been received by sending an email to you at the email address you provide in your order details (In the case of Google Checkout you will receive a confirmation via the Google Checkout only). Atom Retro's acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
d. Atom Retro are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our web site. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered we will contact you as soon as possible by email.
e. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Delivery Charges are a service charge, covering all handling and shipping costs, except where VAT and Import Duty Taxes are payable, and are separate from the cost you pay for the items you purchase. However, if your order is not accepted or not fulfilled and as a result of this, not despatched to you, this service charge will be refunded.
f. Customers ordering for delivery outside of the UK will be responsible for payment of any local taxes payable including VAT, and will be required to pay extra for delivery and clearance where necessary.
Withdrawal By You From The Contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
a. You may cancel your order for goods and return them to us at any time up to the end of the seventh day after you have received the goods.
b. The only circumstances in which you cannot cancel and return your order is if items have been worn, tags removed or are no longer in the condition in which you received them. (Wearing garments, other than an initial 'trying on' for size and fit, and/or removing tags is taken as signifying your acceptance of the order).
c. To withdraw your order you must notify Atom Retro in writing at the address or email address set out in the Atom Retro returns section of this Web site and request a Returns Authorisation Number and Returns form. We will email this to you.
d. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw, you must send them back to the Atom Retro Returns Address at your own cost and risk. If you withdraw your order but Atom Retro has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Atom Retro at the Atom Retro Returns Address at your own cost and risk as soon as possible.
e. Once you have notified Atom Retro that you are canceling and withdrawing your order, any sum debited to Indie Apparel Ltd and/or Atom Retro from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by Atom Retro in the condition they were in when delivered to you. Please note the Delivery Service charge will not be refunded. A 'Full Refund' is the total paid for the item(s) in your order, excluding delivery.
f. International Returns: Items being returned from countries outside of the EU will have to fill in a customs form. It is your responsibility that you declare the goods you are returning accurately and correctly. You MUST declare the returning goods as 'Returning goods for refund/exchange'. If you do not declare this on your returning parcel it may be delayed in UK customs or may be returned to you. We are unable to pay any customs fees which are levied on parcels which are declared incorrectly and it will be returned to you without being delivered. (Eg. a parcel which is declared incorrectly is any which is declared as anything other than a return (ie. sale, etc) or any where the value of the goods has been declared artificially high (ie. if you declare a £20 item as worth £100 etc).If the goods which you have sent back to us are kept in customs because you have not declared the parcel correctly, we will not have received them. Because it is your responsibility to declare the goods correctly and accurately, legally you will not have returned the goods to us / kept them in your care, and so will not be entitled to any refund / exchange.
Availability Of Goods You Order
If Atom Retro has insufficient stock to deliver the goods ordered by you and/or cannot fulfil your order within 30 days of the date you placed your order, we will notify you as soon as possible and any sum debited by Indie Apparel Ltd and/or Atom Retro from your credit card will be re-credited to your account and Atom Retro will notify you by email at the address given by you in your order details. The refund will be made as soon as possible and in any event within 30 days of your order. Atom Retro will not be obliged to offer any additional compensation for disappointment suffered.
PLEASE NOTE: We endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our web site as quickly as we can to minimize disappointment. The process of updating the web site when goods have sold out at campaign price can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket.
Delivery Of Goods To You
a. Atom Retro will post, or arrange a courier on your behalf for, the goods ordered by you to the person and address you give Atom Retro at the time you make your order. The consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. For non-UK destinations, the consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
b. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.
c. You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises in Scarborough, North Yorkshire.
d. We will be unable to deliver to a different shipping address if the shipping address is in a different country to the billing address. We will accommodate all shipping address requests as much as possible, but this may not always be possible due to restrictions placed by our credit card processors and by fraud prevention measures.
If you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Atom Retro has no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes / duties that may be applicable to your on-line order. You will be the importer of record and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer.
Please note that when shipping goods from the UK, Non-EU shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the UK, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
This is as follows:-
a. If the goods Atom Retro delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Atom Retro shall have no liability to you unless you notify Atom Retro in writing at the Atom Retro contact address or email address of the problem within 7 working days of the delivery of goods in question.
b. If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Atom Retro shall have no liability to you unless you notify Atom Retro in writing at the Atom Retro contact address or email address of the problem within 40 days of the date on which the goods were despatched to you.
c. If you notify a problem to Atom Retro under this condition, Atom Retro's only obligation will be, at its option:- to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case Atom Retro Credit Vouchers will be issued to the value of due refund.
d. Atom Retro will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Atom Retro under this condition and Atom Retro shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Atom Retro's liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
Atom Retro shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
If any part of these conditions is unenforceable (including any provision in which Atom Retro excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Atom Retro operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service department at the following address:
Atom Retro Customer Service,
Hopper Hill Road,
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
These terms and conditions, together with the current Atom Retro Web site prices, delivery details and Atom Retro contact details, set out the whole of our agreement relating to the supply of the goods to you by Atom Retro. These terms and conditions cannot be varied except in writing signed by a director of Atom Retro. In particular nothing said by any sales person or customer service representative on behalf of Atom Retro should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Atom Retro. Atom Retro shall have no liability for any such representation being untrue or misleading.
In these terms and conditions:-
'Atom Retro' and 'we' means Indie Apparel Limited of 6 Arundel Place, Scarborough, North Yorkshire, YO11 1TX, any connected organisation that actually supplies goods ordered by you and any successor to its business;
'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
'us' and means Atom Retro and you together; and
'you' and 'your' means the person ordering goods under these terms and conditions