By accessing our website, the user, agrees to the terms and conditions set out herein. All purchases made through this site are to be governed strictly and solely by these terms and conditions. All purchases of merchandise on the AtmosRx.com website is strictly limited to parties who can lawfully enter into and form contracts on the site and are 18 years of age and older, in accordance with the laws of the USA. In accessing the website you agree that you will browse the content solely for your personal, and non-commercial use. All illustrations, designs, icons, graphics, photographs, pictures and any other items included in this website are the exclusive property of Atmos Nation, LLC., unless otherwise stated, and cannot be reproduced without our written authorization. The terms and conditions of sale below relate solely to the purchase of goods from this website.
In consideration for your use of and access to our website, you agree that in no event will its content providers or any other party involved in creating, producing or delivering this Website or any site linked to this Website, be responsible or liable to you or entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information provided in this website, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through our website, even if you advise us of the possibility of any claims or damages.
All Rights Reserved. The images and materials found in the Web site are copyrighted or otherwise proprietary and may not be downloaded and/or reprinted for any use. Permission to reprint or electronically reproduce any document, photos, or any other materials in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from Atmos Nation, LLC. These terms and conditions may change at our discretion at any time and without prior notice.
In these Terms and Conditions:
“Seller”, “us” and “we” are references to Atmos Nation LLC, owner of this website, which is an USA Registered Company.
“Buyer”, “you” and “your” are references to the purchaser of the goods from us;
“Goods” means the goods specified in the Seller’s invoice;
“Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;
“Terms” means these terms and conditions;
“Site” means the AtmosRx.com website.
In order to make purchases through the site, the buyer will be requested to register and provide personal details. In particular, buyers must provide their real name, phone number, e-mail address and other requested information as indicated.
When ordering items, the buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us.
All orders are subject to acceptance and availability.
Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.
Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale.
The site displays products, which form its collection. They are normally products that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department at info@AtmosRx.com who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.
Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be perfected when we dispatch the goods to you. Once an order is processed, cancellations are subject to a cancellation fee.
The sale contract is therefore concluded in USA and the language of the contract is English. The contract will be subject to these terms and conditions and governed by US law and the buyer agrees to submit to the non-exclusive jurisdiction of the US courts in respect of any dispute that may arise under it.
The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.
Prices shown on the site are in Dollars. All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the site at the time the order is accepted will be honored.
If the buyer is from outside the US, you may also incur duties levied by the jurisdiction to which you have specified delivery.
The cost of postage and packaging will be detailed before you enter your payment details.
Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.
Payment can be made by Visa, Master Card, Discover and American Express. In all cases, delivery will not occur until we are satisfied that the payment has cleared.
If the issuer of the buyer’s payment card refuses to authorise payment to the seller, we will not be liable for any delay or non-delivery.
All credit card transactions on this site are processed using secure online payment gateway that encrypts your card details in a secure host environment. All data exchanged during the payment process is SSL secured (Secure Socket Layer). Look for the locked padlock icon at the bottom of your browser window to see if you're protected.
The seller does not hold any credit card details on our site or in our customer database.
The seller will give the buyer an estimated delivery date for the goods but no such estimated times or dates provided by us are guaranteed.
The seller will arrange for packing and we will decide on the method of delivery either by post or courier.
The buyer will be asked to sign for any goods delivered, at which point responsibility for the purchased goods passes to the buyer.
It is incumbent on the buyer to immediately check the goods and contact the seller if there are any problems with the goods. The buyer shall notify the seller within 48 hours of delivery, failing to do so will acknowledge that the goods are considered checked and without problems.
In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.
The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
If an order is placed with us, we need to hold personal information including your name, email address, phone numbers and home address so that we can process and fulfill your orders.
All data provided by buyers will be added to a Database which is the property of AtmosRx and will be used:
For purchase orders;
To enable both easier use of the site and the purchase of goods;
To inform buyers via e-mail and/or post of any new products, special offers and news on products offered on this site.
The seller will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
The seller is committed to protecting the security and confidentiality of the buyer's personal information by providing you with a safe and secure transaction environment when buying online. Credit card details are entered directly into our payment partner's systems and are neither transmitted nor held on the seller's systems.
The buyer's personal information may also be checked with credit agencies to prevent fraud. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.
Users of this site may access, amend or delete any data filled in on the registration form at any time, whether in writing, via email to info@AtmosRx.com.
The seller may from time to time contact you by email with information on new products; special discounts or other information we believe may be of interest to you. Any e-mail we send you will contain an easy unsubscribe link from all future mail shots.
The website is accessed and used at your own risk. Although reasonable efforts have been made to ensure that all details on the website are current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error free, accurate and current at all times.
NOW THEREFORE, for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the execution of this agreement, the parties hereto, intending to be legally bound, hereby Atmos and Buyer agree as follows:
DEFINITIONS. In this Agreement, the terms listed below have the following meanings:
"Products" mean those vaporizer and smoking related accessories as developed by Atmos Nation, LLC (a full list is available at www.atmosrx.com).
BUYER COVENANTS AS FOLLOWS:
Buyer acknowledges that he will be liable to the full extent of the law, both civil and criminal, for selling counterfeit products.
Buyer will not resell Atmos RX® Products on eBay, Groupon, Rakuten, or any third party website, without the express written approval of Atmos Nation C-Level Management. Selling Atmos RX® Products on unauthorized websites will be considered trademark/copyright infringement.
We don’t allow the use of our images without written approval. Atmos Nation has the right to remove listings of Atmos RX® Products from unauthorized websites. This is mandatory and upheld by Atmos Nation in order to protect the integrity of the brand.
RIGHT TO COUNSEL. This Agreement was freely entered into and there was an opportunity to review this document with counsel.
SEVERABLE PROVISIONS. If any provision of this Contract shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be impaired.