ATMACHA.COM TERMS AND CONDITIONS
• I. Terms of Sale
• II. Terms of Use
• III. Terms of Installation Service

GENERAL TERMS OF SALE

1. INFORMATION ABOUT US
1.1 www.atmacha.com is a website operated by Atmaca Furniture Limited (“we”, “our”, “us”). We are registered in the U.K. under company number 10699751. Our registered office is at 561-563 Green Lanes, London, N8 0RL. Our VAT number is GB270182423
2. ORDERING PRODUCTS
2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3. AVAILABILITY
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our Delivery page.

5.4 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7. DELIVERY
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the Delivery page of our site.
7.2 Please note that we only deliver to addresses in the United Kingdom and Ireland.
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
7.5 You can review the current status of your order at any time by logging into the My Orders section of your account on our site.

8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. Please note that the right to change your mind applies equally to any gift vouchers you purchase from us but does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).
9.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
9.4 In the case of our custom made sofas your 14 days to cancel the contract begins from the moment you place your order with us. Please note that after 14 days you will be unable to cancel the contract due to the bespoke nature of the work. If you wish to cancel after 14 days, you will be charged for the full price of the order. This does not affect your statutory legal rights.
9.5 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team, their contact details can be found on our page.
9.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
9.6 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 9.10).
9.7 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.9 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.10 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
Faulty or mis-described
9.11 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in this Section B.
9.12 We will refund you through the payment method used by you to pay.
How to return the Products
9.13 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done by either:
(a) For most small items and certain, you will need to arrange for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days for the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us
(b) For certain mid-sized items and for most furniture items, we can arrange to collect the Products from your address. You will be responsible for the cost of collection
For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our Return & Refunds page

9.14 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 9.13. However, in this case, the return or collection will beat no cost to you.
9.15 Please contact Customer Services using the contact information below at clause 23 to arrange a return or collection of the Products.
10. You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
11. SALES PROMOTIONS
11.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
11.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale.
11.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
12. COMPETITIONS
12.1 From time to time, we may run prize draws, competitions or other prize promotions ("Competitions") on our site.
12.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time.
12.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
13. GIFT VOUCHERS AND DISCOUNT CODES
13.1 Gift vouchers can only be purchased online through our site.
13.2 You may choose to: (i) have the gift voucher emailed to the recipient on a pre-determined date of your choice; or (ii) print the gift voucher yourself. Should you need to re-send or re-print the gift voucher, this can be done through 'your account' on our site.
13.3 Gift vouchers are valid for one year from the date of issue and cannot be extended.
13.4 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.
13.5 Gift vouchers can be purchased in fixed denominations from £25 to £200.
13.6 Gift vouchers and/or discount codes must not be posted on consumer forums as they will be immediately invalidated. You cannot use your own refer a friend gift voucher to generate rewards. Any instance of this will result in the cancellation of that customer's rewards.
13.7 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).
13.8 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).
13.9 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
13.10 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.
14. YOUR INFORMATION
14.1 We process information about you in accordance with our Privacy Policy.

15. OUR LIABILITY TO YOU
15.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
15.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
15.4 The maximum loss or damage we will be responsible for under clause 14.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
15.5 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; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
15.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
17. RESOLVING DISPUTES
17.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at hello@atmacha.com and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 561-563 Green Lanes, London, N8 0RL
17.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at //ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.
18. EACH OF THESE TERMS OPERATES INDEPENDENTLY
18.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19. UPDATING THESE TERMS OF SALE
19.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
20. RIGHTS OF THIRD PARTIES
20.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
21. TRANSFER OF OUR RIGHTS
21.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
22. LAW AND JURISDICTION
22.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
22.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
23. CONTACTING YOU
23.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
24. CONTACT US

24.1 If you have any queries about these Terms of Sale, please send us an email at hello@atmacha.com or contact us on the phone: 02083488861 (Mon – Fri: 9 am – 6 pm). We’ll be here to help.

II. TERMS OF USE

These terms of use (“Terms of Use”) tell you about the terms and conditions on which you may use our website www.atmacha.com (“our site”).
Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them.
1. INFORMATION ABOUT US
1.1 www.atmacha.com is a website operated by Atmaca Furniture Limited (we, our, us). We are registered in England under company number 10699751. Our registered office is at 561-563 Green Lanes, London, N8 0RL, United Kingdom. Our VAT number is GB270182423
2. PURCHASE OF PRODUCTS FROM ATMACHA.COM
2.1 The purchase of any products through our site is governed by our Terms of Sale.
3. YOUR PERSONAL INFORMATION
3.1 When contacting us through the site, you may provide certain personal information. We process information about you in accordance with our Privacy Policy.
4. YOUR ACCOUNT AND PASSWORD
4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
4.2 We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at hello@atmacha.com

5. RULES OF ACCEPTABLE USE
5.1 In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of Unboxed and any other interactive feature of our site (the “Rules of Acceptable Use”).
5.2 When using our site you must not: (a) circumvent, disable or otherwise interfere with any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site; (b) give any false information in your account details; (c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation; (d) use the site if we have suspended or banned you from using it; (e) send junk, spam or repetitive messages; (f) engage in any illegal or unlawful conduct; (g) modify, interfere, intercept, disrupt or hack the site; (h) misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the site, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site; (i) collect any data from the site other than in accordance with these Terms of Use; (j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive; (k) abuse, harm or bully another site user, member of our staff or person; (l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or (m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
5.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the site; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
6. NOTICE AND TAKE DOWN POLICY
6.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the reporting tool that appears next to each comment within the site.
6.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
6.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
7. LIMITED LICENCE
7.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) reproduction of the Atmacha , logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
7.2 If you wish to make any use of material on our site other than that set out above, please contact: hello@atmacha.com.

8. DISCLAIMER AND LIABILITY
8.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
8.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
8.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
8.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
8.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
8.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
8.7 If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.
8.8 Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.
9. LINKS AND LINKING
9.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
9.2 You may link to our home page (www.atmacha.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
10. VARIATIONS
10.1 We may revise these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make.
11. SEVERABILITY
11.1 If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
12. JURISDICTION AND APPLICABLE LAW
12.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.
13. FEEDBACK
13.1 If you would like to provide feedback on our site, please contact us at hello@atmacha.com.

III. TERMS OF INSTALLATION SERVICE
These terms of service (“Terms of Service”) set out the terms and conditions on which our professional independent installation service partners (“Installation Partners”) will deliver, assemble and install your freestanding bedroom furniture products (“Assembled Product(s)”) listed on our website www.atmacha.com (“our site”) to you (collectively referred to as the “Installation Services”).
Please read these Terms of Service carefully before ordering any Assembled Products from our site. These Terms of Service tell you how our Installation Partners will deliver Assembled Products to you, how these will be assembled at your chosen location, how you, we or our Installation Partners may cancel an order, what to do if there is a problem with your Assembled Products or the Installation Services and other important information. If you do not agree to these Terms of Service you must not order any Assembled Product through our site.
1. PURCHASE OF ASSEMBLED PRODUCTS FROM ATMACHA.COM
1.1 The purchase of any Assembled Products through our site is governed by our Terms of Sale.
2. These Terms of Installation Service shall supersede the Terms of Sale, in relation to the sale of Assembled Products, should there be any conflict between such terms.
3. ORDERING INSTALLATION SERVICES
3.1 The cost of the Installation Services is included in the Assembled Product retail price specified on our site.
3.2 You can place orders for Assembled Products and accompanying Installation Services with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Assembled Products if we accept your order.
Before ordering from us, it is your responsibility to check and determine:
a)that the information and specification it contains is accurate and meets your requirements; and
b)your full ability to receive the Assembled Products and Installation Services ordered.
This includes ensuring that the packaged Assembled Products ordered will pass and be assembled freely into your room of choice, they fit in that room, can be transported through the door of your house, flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
3.4 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order and the specifications provided at each stage of the order process.
3.5 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order.
3.6 Unfortunately, we can’t stop an order once it has been sent to our manufacturers or Installation Partners. If you change your mind about your order you can cancel the order within 10 calendar days of receipt of our order confirmation email without charge and in accordance with the cancellation policy for Assembled Products and Installation Services set out in clause 8 of these Terms of Service.
3.7 You must keep the contact details we hold for you up-to-date so that we and our Installation Partners can contact you about your order, the delivery and/or the Installation Services.
4. AVAILABILITY OF INSTALLATION SERVICES
4.1 All orders for Assembled Products are subject to the availability of those Assembled Products, the materials for making the Assembled Products and the availability of the Installation Partners to provide the Installation Services. We will inform you as soon as possible after receiving your order if, for any reason, the Assembled Products and/or the Installation Services you have ordered are not available or are subject to any delay.
4.2 If we are unable to supply you with an Assembled Product and/or the Installation Services, for example, because the manufacturer is out of stock, because of an error in the price or because of an issue with the Installation Providers we will inform you of this by email and we will not process your order. If you have already paid for the Assembled Product and Installation Services we will refund you the full amount as soon as possible.
5. PREPARATION FOR INSTALLATION SERVICES
5.1 Assembled Products are free-standing product which requires no less than 8cm for ceiling clearance and 4cm for wall clearance.
5.2 We will send you a document ‘Preparing for Home Assembly' which sets out your responsibility to ensure:
a) there is adequate room for our Installation Partners to provide the Installation Services at your chosen location.
b) all relevant areas at your chosen location are clear of any furniture and flooring is levelled.
c) there is sufficient room to carry the largest components of the unassembled product through your chosen delivery location to the area in which the Assembled Product is to be installed;
d) all pictures and mirrors from the walls and furniture are removed an as necessary in advance of delivery and installation so as to avoid any unnecessary obstruction.
e) parking is made available at your chosen delivery location, on the same street or adjacent street. If parking permits are needed, you must make a permit available for the Installation Partners delivery vehicle at your own cost for no less than 2 hours (or for such additional time as may be reasonably requested by the Installation Partner at the time of delivery and installation of the Assembled Product).
5.3 There will be some disruption whilst our Installation Partners are providing the Installation Services, however they will keep your room as tidy as possible.
6. DELIVERY OF ASSEMBLED PRODUCTS AND INSTALLATION SERVICES
6.1 Our Installation Partners will deliver, install and remove the packaging of the Assembled Products at your chosen delivery location within 8 to 10 calendar weeks from our email order confirmation (or as may otherwise be agreed between you and our Installation Partners).
6.2 Delivery on weekends and Bank Holidays are excluded from this service.
6.3 We will provide your details to our Installation Partners who will contact you to agree a mutually convenient date and time to visit your chosen delivery location, to provide the Installation Services.
6.4 To ensure successful delivery, our Installation Partners will contact you by telephone to re-confirm the date and time of delivery:
a) 24 hours before the agreed delivery time; and
b) 1 hour before the agreed delivery time.
6.5 In the event that you or someone appointed by you to accept the delivery are not at your chosen delivery location at the agreed date and time, our Installation Partners will wait for an additional 15 minutes before returning to the warehouse and re-delivery may incur additional costs.
6.6 Please note that our Installation Partners will deliver to addresses in the United Kingdom only.
6.7 Our Installation Partner shall install the Assembled Product in the position and location of your choice. Once installed, do not attempt to move the Assembled Product to any other position or location. Once assembled the Assembled Product needs to be disassembled to be repositioned.
6.8 Once the Assembled Products have been assembled and/or installed our Installation Partners will take photographs for quality purposes and you will be asked to sign a form confirming that the Assembled Products have been installed as agreed in the order and to your reasonable satisfaction. This information will be retained by our Installation Partners and us and shall be relied on in the event of any claim or dispute in relation to the Assembled Product or Installation Services.
7. If any damage or missing parts of the Assembled Products are discovered by our Installation Partners on delivery to you, our Installation Partners shall deliver and install replacement parts for the Assembled Products within 4 calendar weeks (or such other date as shall be agreed between the Installation Partner and you), and: the Installation Partner will contact you to agree a mutually convenient delivery date for the Installation Services; all costs associated with the delivery and installation of these replacement parts to the Assembled Products shall be borne by the Installation Partner.
7.1 Our Installation Partners will arrange delivery with you directly and so we will not provide you with dispatch or tracking services for Assembled Products purchase from our site.
8. CANCELLATION AND REFUND POLICY FOR ASSEMBLED PRODUCTS AND INSTALLATION SERVICES
8.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Assembled Products, you have the right to cancel either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
8.2 You have a legal right to change your mind and cancel the contract between you and us within 10 calendar days of confirmation of the order for the Assembled Products from us.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team on: hello@atmacha.com or contact us on the phone: 02083488861 (Mon – Fri: 9 am – 6 pm). To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
8.5 If you cancel your contract with us, within the 10-day cancellation period, we will reimburse all payments received from you, including the cost of delivery which is included in the retail price.
8.6 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
8.7 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Faulty or mis-described goods or services
8.8 In the event that you discover damage or missing parts after the assembling and installation of the Assembled Products at your chosen delivery location, please contact our customer care team. We will work with you and our Installation Partners to:
a) Review the photographs and form of satisfaction obtained at the time of providing the Installation Services and installing the Assembled Products;
b) Agree an acceptable time for our Installation Partners to visit your chosen delivery location and inspect the Assembled Products.
8.9 If upon inspection of the Assembled Products it is established at the Installation Partner’s sole and reasonable discretion that:
a) that there are missing parts or that the Assembled Products are faulty, the Installation Partner will replace the missing or damaged parts of the Assembled Products at no additional charge to you; or
b) damage to the Assembled Products has been caused by you, the claim will be reviewed on a case by case basis.
9. YOUR INFORMATION
9.1 We will share your contact information with the Installation Partners for the provision of the Installation Services.
9.2 We process information about you in accordance with our Privacy Policy.
10. LIABILITY TO YOU
10.1 We are under a legal duty to supply Assembled Products that are in conformity with our contract with you in accordance with the Terms of Sale.
10.2 All Assembled Products are covered by a 2-year guarantee for manufacturing faults only.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
12. RESOLVING DISPUTES
12.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at hello@atmacha.com and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 561-563 Green Lanes, London, N8 0RL.
12.2 In the unlikely event that we are not able to resolve the dispute informally, between you and the Installation Partner please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at http://ec.europa.eu/odr. You will also always have the option of resolving the dispute using court action.
13. EACH OF THESE TERMS OPERATES INDEPENDENTLY
13.1 Each of the provisions of these Terms of Service operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14. UPDATING THESE TERMS OF SERVICE
14.1 We may modify or update these Terms of Service from time to time for reasons including without limitation: (a) changes in how our, professional partners and/or our Installation Partners business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Assembled Products and Installation Services by you will be governed by the terms and conditions available on our site at the time you place the order.
15. TRANSFER OF OUR RIGHTS
15.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
16. LAW AND JURISDICTION
16.1 These Terms of Service are governed by English law. This means that a contract for the purchase of Assembled Products and the provision of Installation Services made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
16.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
17. CONTACTING YOU
17.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
CONTACT US
If you have any queries about these Terms of Service, please send us an email at hello@atmacha.com or contact us on the phone: 02083488861 (Mon – Fri: 9 am – 6 pm). We’ll be here to help.