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 email@example.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.
- 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 and Discover. 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 which the goods are considereamerid 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.
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.
We would like to inform all our customers, that starting June 1st, 2014, all merchandise to be returned must be approved prior to shipping to our warehouse. All merchandise will be returned to sender if they do not include an RMA number and an RMA label that has been pre-approved and provided by AtmosRx. Please contact your Account Manager for more information about the process.
AtmosRx labels must be attached to the outside of the box to be accepted by our RMA department. All returns must have the approved RMA Form inside the box including a detailed listing of the merchandise being returned with a brief description of the issue/cause initiating the return.
Your Account Manager will be forwarded a copy of the approved RMA Form for reviewing purposes once the return has been received and processed. No additional merchandise will be accepted or can be included in the shipment once a return has been approved.
PLEASE NOTE THAT ALL MERCHANDISE RETURNED MUST BE UNUSED AND CANNOT CONTAIN ANY LIQUIDS, WAXY ESSENCES OR PERSONAL MIXTURES OF ANY KIND. IF ANY RETURNED MERCHANDISE CONTAINS ANY PRODUCT NOTICEABLE LISTED ABOVE IN ANY FORM THE ENTIRE SHIPMENT WILL BE REFUSED AND RETURNED TO SENDER OR DESTROYED THIS WILL ALSO IMMEDIATELY VOID ANY WARRANTY OR RETURN APPLICABLE.
After the RMA form is approved by management you will receive an email with the RMA form and label attached.
The customer bears all responsibilities for all shipping charges when returning merchandise. Including and not limited to the return of product if an RMA number is not attached. All boxes are required to have insurance and a tracking number.
Our recommended courier is UPS.
AtmosRx is not responsible for any lost, stolen or damaged packages during transit.
If any additional information is required please feel free to contact your account representative.
Thank you for your prompt attention and cooperation. Please confirm you have read and agree to our terms and conditions for returns below.
Atmos Nation LLC 1 Year Limited Warranty
Atmos Nation LLC (“Atmos”) offers a 1 Year Limited Warranty (the “Warranty”) on rechargeable Atmos products (the “Product(s)”) purchased at www.AtmosRX.com or through an authorized retailer. Your receipt is required as proof of purchase. The Warranty covers damage caused by defects in material and workmanship, under normal use, for ONE (1) YEAR from the date of purchase for the original purchaser of the Product(s). Before submitting a claim, all Products must be registered with Atmos here [LINK TO REGISTRATION]. For Warranty claims submitted within 30 days of your purchase, Atmos will cover the cost of shipping to Atmos and back to you, the purchaser. For Warranty claims submitted more than 30 days after your purchase, the cost of the return label to Atmos shall be borne by the purchaser, and Atmos will provide the return label to you. Products received by Atmos with used cartridges, mouthpieces, atomizers, accessories, etc. will be discarded.
This Distribution Agreement (“Contract”) is an agreement from this day forward of this year between ATMOS Nation, LLC ("ATMOS NATION”) with its principal place of business located at 15901 SW 29th Street, Suite 200, Miramar, FL 33027, Florida 33314, and you/your business, (“Hereinafter referred to as “Distributor”) with its principal place of business/location.
TERMS OF AGREEMENT
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 Distributor 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).
- Distributor is a vendor authorized to sell genuine Atmos RX® Products.
DISTRIBUTOR COVENANTS AS FOLLOWS:
- Distributor acknowledges that he will be liable to the full extent of the law, both civil and criminal, for selling counterfeit products, which will be the cause for the immediate termination of this contract.
- Distributor will be bound by minimum prices that may be instituted by Atmos Nation in the future in order to protect the integrity of the brand.
- Distributor will not sell Atmos RX® Products on eBay, Rakuten, or any third party website, without the express written approval of Atmos Nation. Selling Atmos RX® Products on unauthorized websites will be considered trademark/copyright infringement. Atmos Nation has the right to remove listings of Atmos RX® Products from unauthorized websites.
- 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.