1. These Terms
1.1. These terms and conditions of sale (Terms) are applicable to all sales made or conducted between the company. Atlasformen (Atlas For Men or we or us), and any consumer (meaning an individual acting for purposes which are wholly or mainly outside of their trade, business, craft or profession), aged 18 years old or more and legally competent (Customer or you).
1.2. These Terms apply when making an order by telephone, by post or via the website http://www.atlasformen.co.uk (Website) in relation to any goods and products we sell (Products).
1.3. Please read these Terms carefully before you submit your order to us.
1.4. We remain free, at any time, to enhance, amend, correct or delete all or part of these Terms.
2. About us
2.1. Atlasformen is a limited joint-stock company (SAS) registered in the Paris trade and companies register (RCS) under company number B 449 149 038 and with our registered office at 87-89 rue la Boétie, 75008 Paris, France. Our VAT number is FR47 449 149 038.
3. How to contact us
3.1. If you have any queries about your order you can contact our Customer Services Team at:
Atlas For Men
PO Box 9303
BH 24 9GE
For all other enquiries regarding orders:
Tel: 0333 336 0852 (Calls to 03 numbers cost no more than a national rate call)
Monday to Saturday from 8.00 a.m. to 8.00 p.m. and Sunday from 10.00 a.m. to 4.00 p.m.
4. How we contact you
4.1. If we have to contact you or give you notice in writing, we will do so by telephone or by writing to you, at the telephone number, email address or postal address you provided us in your order.
5. Our Products
5.1. The images of the Products on our Website and any print media (including sales catalogues, leaflets and brochures) are for illustrative purposes only. Although we have made every effort to display the colours accurately, some colour differences may appear due to the display settings of the electronic device or print media in which they are seen. We cannot guarantee that a device's display of the colours accurately reflects the colour of the Products.
5.2. The packaging of the Product may vary from that shown in images on our Website and any print media.
5.3. The sizes available are clearly listed in UK and EU sizes. A size guide is available on the Website as well as in our catalogues.
5.4. From time to time we may apply promotional prices to Products or promotional offers, including Website or mail order only prices. These promotional prices or offers will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not always be applicable to mail order purchases, and mail order only prices will not always be applicable to Website purchases. We may update promotions or prices at any time.
5.5. Mystery or free gifts cannot be exchanged or refunded. No cash value will be offered in return for any mystery or free gift.
6.1. All Products are subject to availability.
6.2. If the Product you order is out-of-stock and therefore unavailable, we reserve the right to replace the Product you ordered with a Product with similar characteristics and of equal or superior value. We will make this clear in your delivery paperwork. However, if the replacement Product is not acceptable to you, then you may return it (in accordance with clause 14 of the Terms below) and we will provide a full refund of price you paid for the Product you originally requested and any postage and packaging charges (including the postage and packaging charges for returning the item so long as you provide us with a receipt relating to those charges).
7. Placing an order
7.1. All orders made either by telephone, by post or via the Website will be subject to acceptance in accordance with these Terms.
7.2. For orders by telephone, post and via the Website, the contract between you and us is established when we accept your order by dispatching the goods to you. The processing of your payment and acknowledgment of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
7.3. To place an order via the Website, you need to complete and submit an electronic order form. You will have an opportunity to check and correct any input errors in your orders via the Website up until the point at which you submit your order by clicking the confirm order and pay (or similar) button on the checkout page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for the Products you have ordered via the Website.
7.4. After you have placed you order on the Website, we will send you an order acknowledgement email confirming the receipt of your order. Please note that this email is an acknowledgement and is not an acceptance of your order. This acknowledgement e-mail includes:
a) a summary of your order;
b) an order number which will be assigned to you;
c) a link to the Terms including any information relating to the right of cancellation; and
d) wherever relevant, an indication of the period during which, or the date at which, the separate components for the Product(s) included in the contract will be available.
8. Your rights to make changes
8.1. If you wish to make a change to your order, please contact us without delay. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 15).
9.1. The prices of Products are those indicated on promotional materials or on the Website at the time of order.
9.2. Prices are inclusive of VAT and exclusive of delivery costs.
9.3. If you receive a faulty Product, replacement Product or the wrong Product, you can claim a refund of return costs by sending us a copy of the postage receipt (see clause 14). In all other circumstances, you will be responsible for return costs.
10.1. The payment methods available to you are indicated on the order forms and on the Website and are:
For Website orders:
a) a bank credit or debit card (Visa, Mastercard). For payment with a bank credit / debit card, you must provide us with the card number, the expiry date and the 3 figures shown on the back of the card next to the signature (cryptogram). The Website uses a secure payment method (SSL-Secure Socket Layer);
b) PayPal; or
c) Amazon Pay;
For Postal Orders:
a) a bank credit or debit card (Visa, Mastercard). For payment with a bank credit / debit card, you must provide us with the card number, the expiry date and the 3 figures shown on the back of the card next to the signature (cryptogram);or
b) bank cheque made payable to Atlas For Men.
You may pay by cheque by sending it to our Customer Service department along with your completed mail order form. If you do not have a mail order form, you may write your order on a piece of paper or use the Website to add the Product(s) you wish to order to the shopping basket and then print out the page summarising the basket’s contents and to send it along with the cheque to our Customer Services department (see clause 3 above for details).
For Telephone Orders:
a) a bank credit or debit card (Visa, Mastercard). For payment with a bank credit / debit card, you must provide us with the card number, the expiry date and the 3 figures shown on the back of the card next to the signature (cryptogram);or
b) bank cheque made payable to Atlas For Men. You must write your order number, customer number and payment reference number on a piece of paper and send it along with the cheque to our Customer Services department (see clause 3 above for details).
10.2. We offer a ‘Order now, pay later’ option for UK mail orders only. This option is available for orders up to £150. The £150 limit includes outstanding payments for previous orders as well as new orders. Invoices must be settled within 14 days of receipt of your order (payment due date is specified on the invoice). For the ‘Order now, pay later’ option, personal data will be shared with Credit Reference Agencies (CRAs). In assessing your request for goods, we may use your information for the purposes of the prevention and detection of fraud to check against CRAs which may keep a record of this information (full credit checks). We will also continue to exchange information regarding you with CRAs on an ongoing basis including your settled accounts and any debts not fully repaid on time.
10.3. If we do not receive full payment by the due date specified on the invoice, we will issue up to three reminders for payment. From the second reminder onwards, we will charge you a fee of £10 for each reminder letter sent to you in respect of our incurred administration costs. If full payment is not received by the deadline stated in the third and final reminder letter, we may use a debt recovery agency to collect any outstanding amounts from you. If we do this, you may be charged an additional fee towards our debt recovery expenses. In addition, further fees and costs may be sought if a claim is issued.
10.4. Atlas For Men systematically deletes your bank details once the transaction is complete in order to protect your information from fraudulent use.
11.1. Products are delivered exclusively to postal addresses within the United Kingdom.
11.2. Special offers concerning delivery costs (e.g. free delivery for orders of £35 or more) are valid for all United Kingdom addresses.
11.3. Parcels are transported and distributed by Hermes in the United Kingdom.
11.4. The delivery times indicated on the Website and on promotional materials are the usual average times for the handling of an order, its dispatch and transit. They are only given as an indication. We shall be under no liability for any delay or failure to deliver the Products within the estimated timescales.
11.5. For orders made via the Website, over the phone or by post, the maximum delivery time is 30 days from the time of order.
11.6. Delivery is deemed complete upon provision of the Product(s) ordered to you by the courier at the delivery address given by you.
11.7. We will not be held responsible for any delays related to events that are out of our control (see clause 12).
11.8. For all enquiries, please contact our Customer Services department in the United Kingdom (see clause 3 for details).
11.9. For deliveries which require a signature, if no one is available at your address to take delivery, Hermes will attempt delivery with a neighbour. If both you and a neighbour are not available, a calling card will be left at the delivery address advising of the attempted delivery. Hermes will attempt delivery a further two times in the days following.
11.10. For standard deliveries (which do not require a signature), if no one is available at your address to take delivery, Hermes will attempt delivery with a neighbour. If both you and a neighbour are not available, Hermes will leave the parcel in a safe place (e.g. shed, porch, out-building etc) and a calling card to explain where the parcel has been left.
11.11. If you do not collect the Products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. If we end the contract, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. Events outside our control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 12.2.
12.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
13. Risk and ownership
13.1. Risk of loss and damage passes to you from the time we deliver the Product(s) to the address you gave us or to you (or a person nominated by you to take delivery).
13.2. We will remain the owner of Products until we have received payment in full (including the price, delivery charges and other sums due under these Terms).
14. Returns and refunds
14.1. We want you to be 100% satisfied which is why we give customers up to 30 days after receipt of their order to return Products and obtain a refund or exchange provided the Products are returned to us in their original condition and packaging, and without any signs of being washed, damaged, disassembled, installed or used.
14.2. Please note that our refund or exchange policy does not apply to goods which cannot be returned for health protection or hygiene purposes (e.g. underwear); personalised or customised goods; and sealed audio or video recordings (for example CDs and DVDs) or sealed computer software once these products have been unsealed.
14.3. Any Products you wish to return for an exchange or refund must be securely packaged and sent with the completed return form (on your invoice) to the following address: AFM Returns, PO Box 6596, COVENTRY, CV3 9QE.
14.4. Please note that you are responsible for the cost of returning a Product unless the Product is faulty or damaged in which case see clause 14.5 below.
14.5. Faulty, replacement Product or the wrong Product. In the event of a faulty Product, a replacement Product (see clause 6.2) or an error in dispatch attributable to us, you must return the Product(s) to us at the above address, with both the returns form and the invoice form accompanying the parcel, as soon as possible and we will provide a refund unless you have requested an exchange. We will also reimburse the costs of returning the Product provided that you provide proof of posting.
14.6. Our refund or exchange policy is in addition to, and does not affect, your legal right to cancel (see below clause 15) and legal rights in respect of faulty or mis-described goods.
14.7. Refunds or exchanges are processed no later than 30 days after we receive returned Products or proof of posting.
14.8. Occasionally, we run promotional offers to give a mystery gift with your order when you spend a certain amount of money. When returning Products, if your order total becomes less than that amount needed to receive the mystery gift, you will be required to return the mystery gift. If the mystery gift is not returned then we reserve the right to charge you for the value of the gift. We will contact you first if this is the case. If you return Products and your order is still equal to, or greater than the stated amount, then you may keep the mystery gift without any additional charge.
14.9. Mystery or free gifts cannot be exchanged or refunded. No cash value will be offered in return for any mystery or free gift.
15. Cancellation rights (Consumer Contracts Regulations 2013)
15.1. In addition to the Atlas For Men goodwill refund or exchange policy, you may have a legal right to cancel and return your order within 14 days of receipt of a Product and receive a refund without being required to give any justification or to pay any penalty fee.
15.2. You do not have a right to return or cancel your order in respect of Products sealed for health protection or hygiene purposes once these products have been unsealed; personalised or customised goods; sealed audio or video recordings (for example CDs and DVDs) or sealed computer software once these products have been unsealed; and if the Products become mixed inseparably with other items after delivery.
15.3. If you choose to cancel your order, you must notify us of your decision to cancel your order within 14 days starting the day after your order has been delivered. You may notify us:
a) By returning the Cancellation Form (see Annex A below) to us by post; or
b) By clearly informing Customer Services by letter or telephone (see clause 3 for details); or
c) By logging into the "My Account" section of the Website to email us.
When contacting us, please include details of what you bought, order date, the date you received your order, order number, your name, address and customer number.
15.4. After notifying us that you wish to cancel your order, you must return the Products you have ordered to us at the following address: AFM Returns, PO Box 6596, COVENTRY, CV3 9QE. Please note that you are responsible for the cost of return postage.
15.5. Products must be returned in their original condition and packaging, and must not present any signs of being washed, disassembed, installated,or used.
15.6. You will be refunded the price of returned Products and the cost of initial delivery by the least expensive delivery method we offer even if you initially paid for a more expensive option. We will refund you using the same payment method as you used when placing the order, unless you have expressly stated or agree otherwise. If you return just part of your order and not your full order, Atlas For Men will not refund the cost of the initial delivery. Refunds will be processed no later than 14 days after we receive the returned Products back from you or proof of posting. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
16. Your statutory rights
16.1. We are under a legal duty to supply Products in conformity with this contract. As a consumer (meaning an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession), you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms affects your statutory rights. Advice about your rights is available from your local Citizens Advice Bureau or Trading Standards office.
17.1. Despite all the efforts made for the composition and updating of the Website, errors, inaccuracies or omissions may still persist, as well as problems with connecting to the Website or interruptions to the connection. We do not give any warranty as to its accuracy or completeness and decline all liability with regard to any damage, direct or indirect arising from the use of such information.
17.2. We will not be held responsible or liable for your use of other websites which you may access within the Website. We do not control these Websites and we are not responsible for their content.
17.3. We will not be liable to you under this contract for any loss or damage caused by us or our employees in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees;
b) such loss or damage is not a reasonably foreseeable result of any such breach; and
c) any increase in loss or damage results from a breach by you of any term of this contract.
17.4. We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.5. We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation; and
c) any other liability which cannot as a matter of law be excluded.
18. Intellectual property and related rights
18.1. The contents of catalogues and promotional materials addressed to you by Atlas For Men, the Website and all the elements that compose it, in particular the different content (photos, texts, presentations, brands, drawings and models, etc.) and the associated software, are protected by intellectual property rights and related rights, reserved for the sole holders of those rights.
18.2. Consequently, any use, reproduction, representation or distribution, partial or total, of these elements is strictly forbidden with the specific exception of copies, without modification or change, made for the purposes of personal and private use.
19. Personal Data
20.1. We remind our customers that waste materials from electric and electronic equipment cannot be thrown away with unsorted household waste. Indeed, this equipment contains dangerous substances that have a potential impact on the environment and human health.
21.1. Atlas For Men is committed to delivering the highest possible standards of service. However, despite our best efforts, things do go wrong on occasion. If this occurs, please let us know and we will do our best to find a satisfactory solution. In the event of a complaint or dispute and with the aim of finding an amicable solution, you can contact in the first instance our Customer Service department at:
Customer Service number: 0333 336 0852 Monday to Saturday from 8 a.m. to 8 p.m. and Sunday from 10 a.m. to 4 p.m.
Write to: Atlas For Men, PO Box 9303, RINGWOOD, BH24 9GE
By e-mail: directly via our Website in the "Contact" section.
21.2. If in the unlikely event that we are unable to resolve your complaint or you have not received a response within one calendar month from confirmation of receipt of your complaint, or you are still not satisfied following the conclusion of our complaints handling procedure, then you may be eligible to lodge your complaint on the European Commission Online Dispute Resolution platform which is available at https://ec.europa.eu/consumers/odr/main/index.cfm
22. Applicable law
22.1. The Terms are governed by English law and in the event of any dispute or claim associated with Terms, that dispute or claim shall be subject to the non-exclusive jurisdiction of the English courts.
23.1. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.2. If you breach any contract between us and we fail or neglect to enforce the provisions of the contract, our omission or silence should not be understood by you that we are giving up our rights or remedies. If either you or we do give up our rights or remedies on one occasion, that does not mean that we or you are doing so in respect of any other rights or remedies.
23.3. No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.