Terms and Conditions
I. IDENTITY – ATOMA WEBSHOP
I.1.
ATOMA BVBA is a company under Belgian law, with its registered offices in Belgium at 1700 Dilbeek, Itterbeeksebaan 71, with a registration in the Belgian Crossroads Bank for Enterprises under the company number 0403.523.856 and with VAT-number BE0403.523.856. You can contact ATOMA by email: info@atoma.be.
I.2.
ATOMA WEBSHOP is the webshop where ATOMA offers products via the internet.
II. APPLICATION OF ATOMA’S GENERAL SALES CONDITIONS
II.1.
ATOMA’s General Sales Conditions apply to all offers, orders and contracts which are placed and/or concluded through ATOMA WEBSHOP. ATOMA declines the application of all other general conditions, a.o. those proposed or determined by the client. Deviations from ATOMA’s General Sales Conditions are conditional upon the written confirmation and signature by ATOMA.
II.2.
By ordering a product with ATOMA, the client unconditionally accepts these General Sales Conditions, in the version that applies at the moment of the order. These General Sales Conditions remain available online and the client can always print a copy. ATOMA files your order and contract and will keep you informed of the details of your order by e-mail.
III.3.
By using the ATOMA WEBSHOP-website and/or ordering a product, the client also accepts the privacy-policy and the cookies-policy of ATOMA, as specified on the ATOMA WEBSHOP-website.
III. PURCHASES VIA THE ATOMA WEBSHOP
III.1.
The offers of the ATOMA WEBSHOP are open to legal persons or natural persons of 18 years old or older. ATOMA is always entitled to ask written proof of the age of the client and, in case of lack of proof hereof within a reasonable delay, the order will be deemed to have been cancelled.
III.2.
To place an order, the client proceeds following the instructions on the ATOMA WEBSHOP-website. The order is considered an offer of the client to ATOMA and will only give rise to a contract after confirmation of the order by ATOMA.
III.3.
The client warrants that he provides ATOMA with exact and correct information. The client is required to keep ATOMA informed of possible modifications.
III.4.
The total price of the purchase is mentioned on the order page after the selection of the products. This total price comprises all costs and taxes. If the price of the order would change prior to the acceptance of the order by ATOMA, ATOMA will contact the client to ask him whether the client wishes to confirm the order with the modified price.
III.5.
The client shall pay for his purchase in full at the time of ordering. To that end, the client provides ATOMA with the details of his credit or debit card (issued by a credit or debit card provider which is accepted by ATOMA). As long as ATOMA does not dispose of these details, ATOMA cannot process the order nor enter into an agreement with the client.
III.6.
The webshop is available in the following countries: Austria, Belgium, Bulgaria, Croatia, Czechia , Danmark (except Greenland), Estonia, Finland, France (only mainland), Germany, Greece, Hungary , Ireland, Italy, Latvia, Lithuania , Luxemburg, Netherlands, Poland, Portugal, Rumania, Slovakia, Slovenia, Spain (only mainland), Sweden. Contact us per e-mail on info@atoma.be if you want to buy from another country.
IV. CONTRACT FORMATION AND INVOICING
IV.1.
The contract with ATOMA shall be formed as from the acceptance of the client’s order by ATOMA, which acceptance can only be given after payment has been received.
Only the express acceptance of ATOMA will give rise to the formation of a contract. ATOMA has the right to refuse acceptance of an order of the client, for whatever reason, including the non-availability of the ordered products.
IV.2.
In case of refusal of an order, ATOMA will promptly provide for a refund of any payment already received.
IV.3.
After the aforementioned acceptance, ATOMA may send an electronic invoice to the client, regardless of the client’s prior obligation to pay. The client may ask ATOMA for a paper invoice.
IV.4.
In case an offer has been accepted by ATOMA, but no payment was received, ATOMA has the right to claim, apart from the payment of the agreed price, interests for the belated payment, calculated on the basis of the legal rate and such as of the date of the first payment collection letter. In addition, ATOMA is entitled to claim an indemnity for administrative charges of 10 % of the amount of the agreed price, with a minimum of 30,00 EUR, unless proof of a more important damage.
In case an offer has been accepted by ATOMA, but no payment was received, ATOMA is also entitled to postpone delivery or to consider the agreement as terminated due to the client. In that case, ATOMA is entitled to claim an indemnity of 30 % of the amount of the agreed price, unless proof of a more important damage.
V. DELIVERY
V.1.
ATOMA tries its best to deliver in conformity with the accepted delivery and such at the address that the client provided when placing the order. However, it can prove impossible for ATOMA to deliver to certain locations. In such case, ATOMA will contact the client and the order will be cancelled or the parties will agree the delivery will take place at another address.
V.2.
ATOMA aims to deliver in conformity with the accepted order and such within the time ATOMA indicated at the time of the order. ATOMA is unable to guarantee any firm delivery dates at the time of the order, but the delivery shall not take place later than 30 days after the formation of the contract.
V.3.
ATOMA aims to keep the client informed if it is expected that the estimated delivery date will not be met.
V.4.
ATOMA solely delivers in its standard packagings. Specific demands of the client in this respect will not be accepted, unless in case of an express, written confirmation by ATOMA, with an indication of the additional costs for the client resulting therefrom.
V.5.
All risks in the product shall pass to the client upon delivery. The title of property of the products will only pass to the client after full payment of the products has been received by ATOMA.
V.6.
The client ensures his availability for receipt of the delivery, at any time reasonably specified by ATOMA.
If the client is not available to take delivery or collection, ATOMA may leave a notice for the client at the delivery address, with instructions on either redelivery or collection from the carrier. The delivery might also be delivered to a neighbour or a safe place.
V.7.
In case of delays in the delivery because of the client’s unreasonable refusal to accept delivery or if the client does not accept delivery or does not collect the product from the carrier (within two weeks of the first attempt to deliver the product to the delivery address), ATOMA is entitled to, without affecting any other right or remedy available to ATOMA:
– charge the client for a reasonable storage fee and/or other costs reasonably incurred by ATOMA.
– consider the agreement terminated due to the client. In that case, ATOMA will refund the payments received, less the above mentioned charges and an indemnity of 30 % of the amount of the agreed price, with a minimum of 30,00 EUR, unless proof of a more important damage.
V.8.
While receiving the package, the client should thoroughly control the state of the packaging. If the packaging is broken or damaged, it should be communicated to the shipping agent and noted on the shipping receipt. If the damage is not noted on the shipping receipt, damage to the goods as a result of problems during the transportation won’t be compensated. These goods can’t be taken back by Atoma.
VI. FAULTY AND NON-CONFORM PRODUCTS
VI.1.
If the client considers products are faulty or non-conform, he should inform ATOMA within a delay of seven days from appearance of this problem. Only written claims addressed to ATOMA’s client service will be accepted (e-mail or registered post) : info@atoma.be or ATOMA Client Service, Itterbeeksebaan 71, 1700 Dilbeek.
In that case, the client will maintain the products in their present condition, in order to allow ATOMA to inspect these products within a reasonable delay. ATOMA will try to find a solution as soon as possible.
VI.2.
ATOMA is entitled, at its discretion, to refuse repair, replacement or refund of products in case:
– the product was used contrary to the instructions for the products issued by either ATOMA or the manufacturer;
– the product has been misused, abused or subjected to neglect, improper or inadequate care, lack of care, damage or abnormal conditions;
– the product bas been involved in an accident or attempt to modify or repair the product (save for when done by ATOMA.
VII. RIGHT OF WITHDRAWAL
VII.1.
The client that qualifies as “consumer” according to the Belgian code of economic law has the right to withdraw from a contract within 14 days without giving any reason.
This period to withdraw expires after a period of 14 days from the day the customer or a third party appointed by the customer, that is not the carrier, has taken possession of the goods.
The client is aware that this right of withdrawal does not apply in following situations:
3° delivery of products made according to specifications of the customer, or products that are clearly meant for a specific person.
VII.2.
In case of withdrawal, only the costs specified in article VI.50 and VI.51 of the Belgian code of economic law can be claimed from the client.
ATOMA reimburses any amount from the client, including costs of delivery, immediately and in any case within 14 days as of the day ATOMA was informed of the decision of the customer to withdraw.
For this refunding referred to in the preceding paragraph ATOMA will use the same means of payment as that which was used by the client during the initial transaction, unless the client has expressly agreed to use another type of payment and provided that the client due to such repayment may not have any cost.
However, if the client opted for a type of delivery other than the least expensive standard delivery offered by ATOMA, these fees are not refundable.
Unless ATOMA offered to collect the goods itself, ATOMA may, with regard to sale-agreements, withhold the reimbursement until it has received the goods back, or until the client has demonstrated that he has sent back the goods, whichever is the earliest.
The client bears indeed the direct cost of returning the goods.
The client is also liable for any reduced value of the goods resulting from treating of the goods which went beyond the treatment necessary to establish the nature, characteristics and functioning of the goods.
The customer will not be held liable in any other way for exercising his right of withdrawal.
VII.3.
The client must, before expiry of the withdrawal period inform ATOMA of his decision to withdraw.
To this end, the customer can: 1. use the model withdrawal form set out in Annex 2 to the Book VI of the Belgian Code on Economic Law, or 2 ° any other unequivocal statement in which he conforms to withdraw from the contract. ATOMA may, in addition to these possibilities, offer the customer the possibility to fill in the form set out in the said Annex 2 or any other unequivocal statement on the ATOMA website and send it to ATOMA through the website. In these cases, the company shall inform the customer immediately on a durable medium with the confirmation of the receipt of the withdrawal.
The deadline to withdraw is considered to have been met if the customer did send the communication concerning his withdrawal within this period.
The burden of proof of exercise of the right of withdrawal in accordance with this article lies with the customer.
VIII. LIMITATION OF LIABILITY
VIII.1.
In case of contradiction between the present article on limitation of liability and the other clauses of ATOMA’s General Sale Conditions and any other document, the present article will prevail.
VIII.2.
ATOMA is not liable for any damage resulting from or related to the use of the ATOMA WEBSHOP-website, the offers on this website, the performance or non –performance of the agreements contracted through this website, save for the exceptions in the present article.
VIII.3.
ATOMA does not exclude its liability for intentional fault, nor for death or personal injury, nor any other liability which cannot be excluded by applicable law.
VIII.4.
ATOMA has to execute the obligations resulting from the orders it has accepted.
In case of breach of such obligation (, such as breach of terms of delivery, delivery of faulty products, …) the client is not entitled to any indirect damage and, in case of proven damage, ATOMA’s liability is limited to 10 % of the agreed price.
IX. VARIA
IX.1.
Should one of the articles or part of the articles of the present General Sale Conditions be declared void and/or null, this will not affect the validity of the other parts of the articles of these conditions.
IX.2.
The present General Sale Conditions and the agreements (and any non-contractual obligation resulting therefrom or in relation herewith) are governed by and interpreted in accordance with national Belgian law.
Any dispute resulting therefrom or in relation herewith will be exclusively judged by the Belgian courts.