Marketplace Terms & Conditions of Sale

1. These Terms

1.1. These terms and conditions of sale (Terms) are applicable to all sales made or conducted on the online e-commerce marketplace (Marketplace) between Sellers (meaning the relevant seller of the goods you are purchasing as seen in the product pop up window, other than Atlas For Men) and any customer 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 via the website http://www.atlasformen.co.uk (Website) in relation to any goods and products (Products) sold on the Marketplace by a third-party Seller.

1.3. These Terms and Conditions of Sale replace each Seller's general terms and conditions of sale for transactions between Sellers and Customers on the Marketplace.

1.4. Atlas For Men acts as an intermediary connecting Customers and Sellers. To this end, it hosts Sellers’ offers, and receives Customers’ orders which it sends to the Sellers who are fully liable for the completeness and accuracy of the Product descriptions and the availability of Products. Atlas For Men cannot take or accept any responsibility on behalf of the Seller and therefore does not confirm acceptance of an order by the Seller, the Products availability, nor the delivery time.

1.5. In placing an order on the Website, the Customer accepts the price, as well as the version in force of these Terms and Atlas For Men’s Privacy Policy when the contract is created (i.e. when the Seller accepts the Customer's order).

1.6. Please read these Terms carefully before you submit your order to us.

1.7. We remain free, at any time, to enhance, amend, correct or delete all or part of these Terms.

2. About us

2.1. Atlas For Men (Atlas For Men or we or us) 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. We host the Marketplace on our Website allowing third-party Sellers to sell their Products to you.

2.2. Atlas For Men is a platform provider that facilitates transactions carried out on the Marketplace. Atlas For Men is neither the Customer nor the Seller for the purposes of these transactions and the contract formed at the completion of a sale for these third-party Products is solely between the Customer and the Seller.

2.3. Aside from the aforementioned, we will take no part in or accept any liability for the conclusion or execution of the sale nor of the implementation of the warranty. In particular, we are not a reseller for the Seller nor do we accept the Seller’s risk for Products sold on the Marketplace. The identity of the Seller of each Product on the Marketplace can be found by clicking on the Seller's name within the relevant Product link on the Website.

3. How to contact a Seller

If you have any queries about your order you can contact the Seller using the Seller contact details found by clicking on the Seller's name within the relevant Product link on the Website.

4. How a Seller contacts you

If a Seller has to contact you or give you notice in writing, details of how each Seller will do so will be as set out in the relevant Seller's details found by clicking on the Seller's name within the relevant Product link on the Website.

5. The Products

5.1. The images of Sellers' 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 Products may vary from that shown in images on our Website and any print media.

5.3. Sellers are fully liable for the completeness of the Product descriptions.

5.4. Sellers undertake to ensure that the Products sold on the Marketplace are new, of marketable quality and conform to the current regulations.

5.5. From time to time a Seller may apply promotional prices to the Products or promotional offers. These promotional prices or offers are subject to the Seller's terms of that promotion.

6. Availability

Sellers are fully liable for the availability of their Products. We cannot accept any obligation on behalf of the Seller and therefore we do not confirm a Product's availability.

7. Placing an order

7.1. All Marketplace orders made via the Website will be subject to acceptance in accordance with these Terms.

7.2. For all Marketplace orders, the contract between the Seller and the Customer is established when the Seller accepts the order placed by the Customer. 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. Orders are made by Customers in the UK for delivery in this territory via the Website.

7.4. 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.

7.5. After you have placed you order on the Website, the Seller is notified by us and will send you an order acknowledgement email confirming the receipt of your order within two (2) working days. 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.

7.6. The concluded sale between the Customer and the Seller is subject to the cancellation condition that the Seller confirms the availability of the Products and accepts the order, having checked the accuracy of the order details. The Customer is notified of the Product’s availability and that the Seller has accepted the order via an order confirmation email.

7.7. If a response on the availability of the Products is not received from the Seller within two (2) working days of the order being provided to the Seller by Atlas For Men, the order will be automatically cancelled and the Customer’s account will not be debited for the Products ordered. The Seller alone is liable if a Product is unavailable.

7.8. Atlas For Men reserves the right to refuse to transmit an order to the Seller from a Customer who has not paid, either partially or fully, a previous order or with whom, more generally, it has a current payment dispute.

7.9. The Customer is invited to leave feedback on the Seller’s service via its Customer account after having placed an order on the Marketplace.

8. Your rights to make changes

If you wish to make a change to your order, please contact the Seller without delay using the Seller's details found by clicking on the Seller's name. Any agreement between the Seller and the Customer to change an order will be subject to the Seller's own terms and conditions.

9. Price

9.1. The prices of Products are those indicated on the Website at the time of order.

9.2. Sellers are free to fix the price of their Products and are solely responsible for complying with current regulations.

9.3. Prices are inclusive of VAT and exclusive of delivery costs.

10. Payment

10.1. The payment methods available to you are indicated on the Website and are: Credit Card (Visa, Mastercard). For payment with a credit 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).

10.2. The payment of orders on the Marketplace is made to Atlas For Men who collects the funds on behalf of the Seller. The Customer's financial information will be treated as strictly confidential and will only be used for the sound management of the collection of funds and reimbursements to Customers.

10.3. Atlas For Men systematically deletes your bank details once the transaction is complete in order to protect your information from fraudulent use.

11. Delivery

11.1. Products are delivered exclusively to postal addresses within the United Kingdom (depending on the seller).

11.2. The delivery methods offered for each Marketplace Product and their price shall be indicated on the order confirmation page. The delivery methods that a Seller can offer are as follows:

- Standard home delivery;
- Express home delivery;

11.3. 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 by the Sellers to deliver the Products within the estimated timescales.

11.4. Delivery is deemed complete upon provision of the Product(s) ordered to you by the courier at the delivery address given by you.

11.5. We will not be held responsible for any delays related to events whatever the reason and whatever the grounds.

11.6. For all enquiries, please contact the relevant Seller on the contact details found by clicking on the Seller's name within the Product link. The Seller is solely responsible for the operation of its Customer services and the processing of complaints linked to the Products it sells on the Website via the Marketplace (see clause 3 for details).

12. Events outside our control

12.1. Neither we nor the Seller will 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 the delivery of the Product to you, the Seller 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 the Seller 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 the Seller delivers the Product(s) to the address you gave the Seller or to you (or a person nominated by you to take delivery).

13.2. The Seller will remain the owner of Products until the Seller has received payment in full (including the price, delivery charges and other sums due under these Terms).

14. Returns and refunds

14.1. The Seller's own returns and refunds policy applies. This can be found within the Seller's details by clicking on the Seller's name on the Product link.

14.2. Please note that the Seller's 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 address provided within the Seller's details found by clicking on the Seller's name on the Product link.

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 the Seller's own returns and refunds policy.

14.5. The Seller's returns and refunds 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.

15. Cancellation rights (Consumer Contracts Regulations 2013)

15.1. In addition to the Seller returns and refunds policy, you may have a legal right to cancel and return your order within fourteen (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 the Seller of your decision to cancel your order within fourteen (14) days starting the day after your order has been delivered. You may notify the Seller:

a) By returning the Cancellation Form sent by the Seller to the Seller by post; or
b) By clearly informing the Seller via the Seller contact details (see clause 3 for details).

15.4. After notifying the Seller that you wish to cancel your order, you must return the Products you have ordered to the Seller at the address provided within the Seller's details found by clicking on the Seller's name on the Product link. 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, installed 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 on offer even if you initially paid for a more expensive option. You will be refunded, 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, you will not be refunded the cost of the initial delivery. Refunds will be processed no later than fourteen (14) days after the Seller receives the returned Products back from you or proof of posting. Your refund may be reduce 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.

15.7. Atlas For Men shall in no way be liable for any delay arising from the Seller's failure to give us instructions surrounding refunds.

16. Your statutory rights

The Seller is 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. Liability

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 the Marketplace Products for domestic and private use. You agree not to use the Marketplace 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 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.

18.3. Atlas For Men will not be liable for any complaint from a third party claiming counter-fitting of its intellectual property rights in respect of Marketplace Products.

19. Personal Data

19.1. Atlas For Men processes personal information relating to you to provide you with our goods and services and as set out in our “Privacy Policy”, which is available here.

19.2. To order Products on the Marketplace, the Customer must provide the information required for the order to be taken into account and processed. Personal data likely to be directly or indirectly collected from the Customer is detailed below:

- Identifying data: Surname, first name, title;
- Personal characteristics: date of birth; nationality;
- Contact details: postal address, e-mail, telephone number;
- Financial data: payment methods, payment history;
- Connection data, use of services and interaction,
- Profiles and scores that enable Customer segmentation

19.3. Amongst this information, and for the purposes of the order on the Marketplace, Atlas For Men will transfer the following Customer personal data to the Seller: surname, first name, postal address and telephone number.

19.4. This data is collected and conserved by the Seller for the purposes of managing orders and Customer relations.

19.5. The Seller undertakes not to use this data for the purposes of commercial prospection.

19.6. One (1) year from delivery to the Customer of the Products, the Seller undertakes to destroy all data of a personal nature concerning the Customer.

19.7. Amongst this information, data which is required for the processing of orders will be, wherever necessary, communicated to the Sellers, transporters or payment service contractors of Atlas For Men.

19.8. The Seller undertakes to comply with all applicable laws and regulations, in each case pertaining to the security, confidentiality, protection or privacy of personal data, as amended or re-enacted from time to time, including (without limitation and to the extent applicable) the European General Data Protection Regulation (Regulation (EU) 2016/679). As such, the Seller undertakes to reply to any requests from Customers relative to their personal data, pursuant to applicable legislation.

20. Complaints

20.1. In the event of a complaint or dispute and with the aim of finding an amicable solution, you should contact the relevant Seller in the first instance on the contact details found by clicking on the Seller's name (see clause 3 for details).

20.2. If in the event that the Seller is 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 the Seller's 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

21. Applicable Law

The Terms are governed by English law and in the event of any dispute or claim associated with the Terms, that dispute or claim shall be subject to the non-exclusive jurisdiction of the English courts.

22. General

22.1. 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.

22.2. 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.

22.3. 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.

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