Atomarius Terms of Service

Effective Date: [Current Date]

1. General Terms and Conditions

Unless stated otherwise, the terms in this section apply generally when using our website.

Specific or additional conditions may apply in certain situations and are noted in this document.

User Confirmation

By using Atomarius’s services and website, you confirm the following:

  • You are older than 18;
  • You are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country;
  • You are not on any U.S. government list of prohibited or restricted parties.
2. Website Content and Usage

Content on the website

Unless otherwise noted, all content on our Atomarius’s website is owned or provided by us.

We do our best to ensure the content on our website complies with all laws and respects third-party rights. However, this may not always be achievable.

If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.

Rights regarding content on our website - All rights reserved

We hold and reserve all intellectual property rights for all content.

You may not use such content in any way that is not necessary or implied for the proper use of the service. Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website. You also cannot allow any third party to do so through your account or device, even unknowingly.

Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions. Any statutory limitations or exceptions to copyright remain unaffected.

Access to external resources

Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.

Conditions for third-party resources, including any rights granted in their content, are governed by those third parties' terms and conditions or by applicable law.

Acceptable use

Our website and service may only be used within the scope of what is provided for, under these terms and applicable law. You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.

We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:

  • Violating laws, regulations, or these terms;
  • Infringing on third-party rights;
  • Significantly impairing our legitimate interests;
  • Offending us or any third party.
3. TERMS AND CONDITIONS OF SALE

Paid products

Some of our products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of our website.

Product description

Prices, descriptions, and availability of products are detailed in the relevant sections of our website and may change without notice. Although we strive for accuracy in presenting products on our website, representations (including graphics, images, colors, and sounds) are for reference only and do not guarantee the characteristics of the purchased product. The specific characteristics of the chosen product are outlined during the purchasing process.

Purchasing process

Every action taken from selecting a product to submitting the order is part of the purchasing process.

Order submission

When you place an order, the following apply:

  • Submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, and any additional fees and expenses outlined on the order page;
  • If the purchased product requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;
  • After submitting the order, you will receive a receipt confirming that the order has been received.

All communications regarding the purchasing process will be sent to the email address you provided.

Prices

During checkout and before order submission, you will see all charges, including any fees, taxes, and costs (including, where applicable, delivery costs). On our website, prices are displayed including all applicable fees, taxes, and costs.

Methods of payment

Details about accepted payment methods are provided during the purchasing process. Certain payment methods might have additional conditions or fees. In these cases, more information can be found in the related section of our website.

Retention of product ownership

Until payment of the total purchase price is received by us, any products ordered will not become your property.

Delivery

Products are delivered to the address provided by you and in the manner outlined in the order summary. Upon delivery, please check the content and report any issues promptly using the contact details provided in this document or as outlined in the delivery note. If the parcel appears visibly damaged, you may refuse to accept it. Delivery times are outlined on our website or during the purchasing process.

Failed delivery

We are not liable for delivery errors due to incorrect or incomplete information provided by you during the purchasing process nor for any damage or delays after delivery to a carrier organised by you and not offered or recommended by us. If the goods are not received or collected at the time or within the period specified, they will be returned to us. We will contact you to schedule a second delivery attempt or to agree on a future course of action. Unless otherwise agreed, each delivery attempt after the second one will be at your expense.

4. USER RIGHTS

Right of withdrawal

Unless exceptions apply, if you qualify as a consumer, you have the right to withdraw from a contract within a specified period (usually 14 days), without giving any reason. If you don’t fit this qualification, you cannot benefit from the rights described in this section.

Exercising your right of withdrawal

To withdraw from a contract, you must inform us clearly of your decision. This can be done using a withdrawal form or by any other clear statement. Make sure to do this before the withdrawal period ends.

Withdrawal period

  • For goods, the withdrawal period ends 14 days after you or a designated third party takes possession of the goods;
  • For multiple goods ordered together or delivered separately, the withdrawal period ends 14 days after you or a designated third party acquires possession of the last good.

Effects of withdrawal

If you correctly withdraw from a contract, we will reimburse you for all payments made to us, including any delivery costs, if applicable. However, any additional costs resulting from choosing a delivery method other than our standard option will not be reimbursed.

We will process your reimbursement promptly and no later than 14 days after we receive your withdrawal notification. Reimbursements will be made using the same payment method you used for the initial transaction unless agreed otherwise. You will not incur any costs or fees for this reimbursement.

5. LIABILITY AND INDEMNIFICATION

Indemnification (General)

We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you. You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.

Limitation of liability (General)

Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf). However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our website has been used appropriately and correctly by you. Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.

Users: Disclaimer of warranties

Our website is provided on an “as is” and “as available” basis. When you use our service, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else's rights. Please keep in mind that any advice or information you receive from us or through our service does not create any warranties beyond what we have explicitly stated here. [...] We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.

Users: Limitation of liability

To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for: [...] Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter. [...] This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage. [...] The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.

Users: Indemnification

By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from: [...] your intentional misconduct; or [...] any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.

6. COMMON PROVISIONS

No waiver

Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.

Service interruption

To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification. We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law. The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.

Service reselling

You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

For information on the use of personal data, you can refer to our website's privacy policy.

Intellectual property rights

Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property. All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.

Changes to the terms

We reserve the right to modify these terms at any time, informing you of any changes. Such changes will only affect the relationship with you from the date communicated onwards. Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement. The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us. If legally required, we will notify you in advance of when the modified terms will take effect.

Assignment of contract

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly. You cannot assign or transfer your rights or obligations under these terms without our written permission.

Governing law

These terms are governed by the law of the place where we are based (Hong Kong), as outlined in the relevant section of this document, without regard to conflict of laws principles. 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 Hong Kong.

Contact Information

Should you have further inquiry about the terms, please contact us via:

sales@atomarius.com