TERMS AND CONDITIONS OF SALES
01 - Purpose
THESE TERMS AND CONDITIONS OF SALE ("TERMS") CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.
THESE TERMS INCLUDE A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVER, WHICH ARE SET FORTH BELOW.
These Terms apply to the purchase and sale of products by Atlasformen, Société par actions simplifiée (SAS), registered in the RCS de Paris under number 449 149 038, whose head office is located 87-89 rue La Boétie - 75008 Paris - France, (herein) (hereinafter "Atlasformen", "we", "our" or "us") to any individual located in the United States (referred to as "Customer", "you", or "your"). These Terms apply to an order made by telephone, mail or via the website atlasformen.com (hereinafter the "Site").
BY PLACING AN ORDER FOR PRODUCTS, YOU AFFIRM THAT (i) YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, (ii) YOU ARE NOT PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW, AND (iii) YOU ACCEPT AND ARE BOUND BY THE TERMS OF THIS AGREEMENT. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THE TERMS OF THIS AGREEMENT.
02 - Essential Product Features - Validity of Offers
The products offered for sale are described in the product descriptions found on each item tag. Offers are valid as long as they are visible on the Site, or for the duration indicated in any commercial documents.
Although Atlasformen has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the Customer, and we cannot guarantee that the Customer’s monitor will accurately portray the actual attributes of the products. The proposed sizes are clearly listed. A size guide is available on the Site as well as in our catalogues.
Product availability is supplied on the Site for each article in the product description found on the product page. In the event of immediate unavailability of items or stock shortage despite Atlasformen’s efforts, the Customer will be informed as soon as possible. In the event of a stock shortage making the ordered product unavailable, Atlasformen may cancel the sale and refund the purchase price plus taxes and delivery charges paid by the Customer with respect to the ordered product or offer to replace the ordered product with an item with characteristics similar to that initially ordered by the Customer, subject to acceptance by the Customer.
03 - Order Validation
Orders may be placed by the Customer either by telephone, by mail or on the Site. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us as described below, or we will not be obligated to sell the products to you:
· For telephone orders: The order is accepted at the time the order is validated by the Customer Service Member Operator of Atlasformen.
· For mail orders and orders on the Site: The order is accepted at the time the Customer receives an email confirming acceptance of the order by Atlasformen. If no email address is provided, the order is accepted at the time Atlasformen begins processing the order.
We may choose not to accept any orders in our sole discretion. For all accepted orders, where the Customer has provided a valid email address, the Customer will receive an email confirming acceptance of the order. Processing and shipping will then be done.
04 - Price - Payment
Prices on products sold are subject to change. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices shown on the Site and in the commercial documents do not include taxes and delivery charges, and are in United States dollars, except as indicated on the Site and on any invoice issued to the Customer. All such taxes and charges to be paid by the Customer are indicated on the purchase order form (for mail delivery) and on the Site and will be itemized in your order confirmation email.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site and/or in our commercial documents that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, or Paypal for all purchases.
You represent and warrant that (i) the credit card or Paypal information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or Paypal account for the purchase, (iii) charges incurred by you will be honored by your credit card company or banking institution, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
05 - Delivery
The products are delivered exclusively in the United States. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Shipping and delivery dates indicated on the Site and any commercial documents represent the estimated average time for processing the order, shipping and delivery, are provided for information purposes only, and cannot be guaranteed. We are not liable for any delays in shipments.
Title and risk of loss pass to you upon our transfer of the products to the carrier.
For any questions, please contact our Customer Service team:
By mail to:
38 North Main street
Tel. : 1-833-961-2288 (toll-free) Monday to Friday 8 a.m. to 10 p.m. (ET) and Sunday 10 a.m. to 8 a.m. (ET).
06 – Exchange or Return Policy
Except for any products designated on the Site as final sale or non-returnable, Atlasformen allows the Customer to exchange products or obtain a refund of the purchase price for the products, less the original shipping and handling costs, provided the Customer returns the ordered items within sixty (60) days of receipt.
Returned items must be in their original condition and packaging and must not show any signs of disassembly, installation or use. Damaged or incomplete items will not be accepted. No return or exchange will be accepted for goods damaged by normal wear and tear of the goods or in the event of misuse or poor maintenance of the Customer.
The Customer must complete the return voucher and enclose it and a copy of the invoice with the package. Any shipping and handling charges on returned items are at the expense of the Customer, provided Atlasformen will reimburse the cost of return in the event of proof of a defective item or shipping error attributable to Atlasformen.
The Customer can return the products to Atlasformen at the address listed below:
Atlas For Men c/o
1 Scrivner Dr.
Cheektowaga NY 14227
The refund or exchange will be processed within approximately 30 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
07 – Limitation of Liability
IN NO EVENT SHALL ATLASFORMEN, OUR AFFILIATES OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR LOST BUSINESS OR SALES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
08 - Customer Warranties – Product Use Restrictions
You represent and warrant that you are buying products from Atlasformen for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
By requesting and/or accepting any knife, whether purchased or as part of a promotion, you acknowledge and agree that: (a) you are at least 21 years old; (b) the delivery address for the product is not a government or other public building; (c) you are not prohibited from owning the product; (d) you are responsible for any and all licensing requirements and compliance with the applicable laws, rules, and regulations, including, without limitation, conceal and carry laws (for clarity, do not request or accept the product if it is not permitted in your jurisdiction); (e) you do not have an intent to use, and will not use, the product to commit harm or endanger others; (f) you do not have an intent to use, and will not use, the product while under the influence of drugs or alcohol; and (g) you waive, release, and discharge, and will indemnify and defend, Atlas for Men, together with all persons and entities related, directly or indirectly, with Atlas for Men, from any and all rights, claims, and causes of action whatsoever that arise as the result of the product.
09 – Personal Information
To order products on our Site or through purchase orders or to create an online account, the Customer must provide certain personal information necessary to open an account or for Atlasformen to process the order.
10 – Force Majeure
Atlasformen shall not be liable for any delay in or failure to perform due to any cause, matter or contingency beyond its reasonable control. Circumstances beyond the control of Atlasformen include, but are not limited to, acts of God, governmental action, pandemic, accidents, labor trouble, and inability to obtain materials, equipment or transportation. In the event of the occurrence of any of the foregoing, Atlasformen will inform you of availability and approximate ship-date and may distribute its available products among its Customers on such a basis as Atlasformen deems fair and equitable, without liability to you.
11 – Governing Law and Jurisdiction
This Site is operated from the US. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. The applicability of the United Nations Convention on Agreements for the International Sale of Goods is expressly disclaimed.
12 – Dispute Resolution and Binding Arbitration
YOU AND Atlasformen ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any party who intends to seek arbitration must first try in good faith to resolve the dispute by providing the other party notice describing the facts and circumstances and the relief sought, and include any supporting documentation.
YOU AND ATLASFORMEN AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THAT WE CANNOT RESOLVE INFORMALLY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of the Site, your registration with the Site, your requests to receive advertising or promotions, your purchase of or attempt to purchase products from us, and your communications with us. The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
The arbitration shall occur in the United States jurisdiction in which you reside or at such other location which may be agreed upon by you and us. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to: [NAME AND ADDRESS FOR NOTICE[PGF5] ]. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org.
If you initiate an arbitration, we will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules.
To the extent that any other provision of these Terms is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
13 – General
The Customer will not assign any rights or delegate any of obligations under these Terms without the prior written consent of Atlasformen.
The failure by Atlasformen to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by Atlasformen.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the Customer.
Atlasformen may provide any notice to the Customer under these Terms by: (i) sending a message to the email address the Customer provides or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. To give Atlasformen notice under these Terms, the Customer must contact us by personal delivery, overnight courier, or registered or certified mail to Customer service : Atlasformen, 38 North Main street, PMB 256, Saint. Albans, VT 05478 . We may update the address for notices to Atlasformen by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.