Terms & Conditions
1. DEFINITIONS 1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Event Outside Our Control: is defined in clause 8.2; Order: your order for Product; Product: the Product that We are selling to you as set out in the Order; Terms: the terms and conditions set out in this document; and We/Our/Us: Atlantis Tanks Group Ltd is a private company limited by shares. Our company number as registered with Companies House is 09955291. The principal office is Legend House, Station Road, Ferryhill, Co. Durham DL17 OBP which is also our main trading address. Our VAT number is 233138533. When We use the words "writing" or "written" in these Terms, this will include email unless We say otherwise.
2. OUR CONTRACT WITH YOU 2.1 These are the terms and conditions on which We supply Product to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake, please contact Us to discuss
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Product. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Product, or do not wish to do so, We will inform you of this and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you that We are able to provide you with the Product at which point a contract will come into existence between you and Us.
2.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 Our website, catalogue and brochure are solely for the promotion of Our Product in the UK. We do not accept orders from or deliver to addresses outside the UK.
2.7 The images of the Product on Our website and in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Product. Your Product may vary slightly from those images.
3. DELIVERY OF PRODUCT 3.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Product and your address.
3.2 We will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order. Occasionally Our delivery to you may be affected by an Event Outside Our Control. Please see clause 8 for Our responsibilities when this happens.
3.3 If We miss the 30 day delivery deadline for any Product then you may cancel your Order straight away if any of the following apply: (a) We have refused to deliver the Product; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told Us before we accepted your order that delivery within the delivery deadline was essential.
3.4 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 3.3, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel if your Order if we do not meet the new deadline.
3.5 If you do choose to cancel your Order for late delivery under clause 3.3 or clause 3.4, you can do so for just some of the Product or all of them, unless splitting them up would significantly reduce their value. If the Product have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Product and their delivery.
3.6 Delivery of an Order shall be completed when We deliver the Product to the address you gave Us and the Product will be your responsibility from that time.
3.7 You own the Product once We have received payment in full.
4. IF THE PRODUCT IS FAULTY As a consumer, you have legal rights in relation to Product that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. GUARANTEE 5.1 We guarantee that on delivery and for a period of twelve months (or any longer period shown on our invoice for the Product sold to you, and in our brochure and/or on our website as at the date of your order for Product) from delivery, the Product shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 5.2.
5.2 This guarantee does not apply to any defect in the Product arising from: (a) fair wear and tear; (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) failure by you to operate or use the Product in accordance with the user instructions; (d) any alteration or repair by you or by a third party; and/or (e) any specification provided by you.
5.3 This guarantee is in addition to, and does not affect, your legal rights in relation to Product that is faulty or not as described.
6. PRICE AND PAYMENT 6.1 The price of the Product will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
6.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
6.3 The prices for the Product exclude delivery costs, which will be added to the total amount due.
6.4 It is always possible that, despite Our best efforts, some of the Product We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Product' correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to you. If the Product' correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions before dispatching the Product and/or reject your order and notify you of such rejection.
6.5 Where We are providing Product to you, you must make payment for Product in advance by credit or debit card, Sage Pay, or Paypal.
7. OUR LIABILITY TO YOU 7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
7.2 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to: (a) loss of income or revenue (b) loss of business (c) loss of profits or contracts (d) loss of the content of any tank (e) loss of anticipated savings; or (f) loss of data
provided that this clause 7.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 7.1 or clause 7.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 7.4.
7.3 We do not exclude or limit in any way Our liability for: (a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Product Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Product Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
8. EVENTS OUTSIDE OUR CONTROL 8.1 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.
8.2 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].
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) We will contact you as soon as reasonably possible to notify you; and (b) Our obligations under these Terms 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 Product to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Product. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 30 days in accordance with Our cancellation rights in clause 9.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND 9.1 Before the Product are delivered, you have the following rights to cancel an Order for Product including where you choose to cancel because We are affected by an Event Outside Our Control: (a) you may cancel any Order for Product within 14 days after the day on which you receive that Product by contacting Us. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 9.1(a) and you have made any payment in advance for Product that have not been delivered to you, We will refund these amounts to you and any delivery charges; (c) unfortunately, if you cancel an Order for Product under clause 9.1(a) and We have already despatched your Product to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Product to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Product back to Us. This will not affect your refund for the Product themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND We may have to cancel an Order before the Product are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens: (a) we will promptly contact you to let you know; (b) if you have made any payment in advance for Product that have not been delivered to you, We will refund these amounts to you; (c) where We have already started work on your Order for made-to-measure Product by the time We have to cancel under clause 10(a), We will not charge you anything and you will not have to make any payment to Us.
11. INFORMATION ABOUT US AND HOW TO CONTACT US 11.1 We are a partnership established in England and Wales. Our registered VAT number is 828226816.
11.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at [NUMBER] or by e-mailing Us at firstname.lastname@example.org .
11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Us at Advance House, Chilton Industrial Estate, Chilton, Co. Durham DL17 0SD at email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION 12.1 We will use the personal information you provide to Us to:
(a) provide the Product; (b) process your payment for such Product; and (c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
12.2 We will not give your personal data to any third party unless permitted to do so by law.
13. OTHER IMPORTANT TERMS 13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
13.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.4 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.
13.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.