GENERAL SALES CONDITIONS
Version 2019; posted and effective as of June 2019.
These Sales Terms are applicable to the Atomic Webshop (“Online Shop”) at the www.Atomic.com and to orders and sale transactions for products available at the Online Shop (“Product”).
The Online Shop is owned by and operated by Atomic Austria Gmbh (“Atomic”) in Austria. Amer Sports Canada, Inc. is the seller and retailer of the Products (“ASCI,” “we,” or “us” as the context may require) in Canada.
With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
1. About These Sales Terms
These Sales Terms only apply to purchases made in this Online Shop. Other Atomic websites on the internet may have different terms and conditions. From time to time Atomic may change or alter its Sales Terms which will be applicable to orders placed on or after the effective date stated by Atomic.
Information contained in Atomic's advertising, brochures or other written materials, on Atomic websites or given to you, is for information only and not an offer by Atomic to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS
Additional terms and conditions are required to be accepted for Employee or other Hookup purchase programs.
2. Placing an Order
Please note that we only deliver the Products within Canada.
To be able to buy Products you have to:
- Provide your name and address, phone number, email address, payment details and other required information.
- Be at least 18 years of age.
- Provide a delivery address in Canada (Note that we are unable to deliver to certain addresses, including but not limited to, P.O. Box addresses and Military APO/FPO addresses).
- Be the owner or authorized holder of a valid debit/credit card. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.
When you create an Atomic account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
3. Order Processing and Contract Formation
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by ASWO. We may choose not to accept abnormal orders and orders which ASWO suspects are not placed in good faith.
After having received your order, we will send you an acknowledgement email ("Your Atomic Order") with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between ASWO and you will not take place unless and until you have received your order confirmation email.
You have the option to cancel your order at any stage by contacting customer service by calling 1-833-687-8664 before we have sent Your Atomic Order confirmation email.
4. Prices, Shipping and Handling, Charges and Taxes
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 the order receipt and order confirmation emails. Atomic may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
ASWO charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in Your Atomic Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for tax and shipping will be itemized in your shopping cart and on Your Atomic Order confirmation email.
5. Product Availability and Delivery, Circumstances Beyond Reasonable Control
Atomic does not guarantee the availability of any Product in the Online Shop. Atomic reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time.
If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by ASWO.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
We shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
6. Compatibility, Product Information
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other Atomic (or non-Atomic) website (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment by credit/debit cards shall be made by a credit or debit card approved by ASWO. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment card details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
8. Title to Products
ASWO retains full legal title to Products until it has received all amounts due on the ordered Products.
9. Return and Refund, Other Options
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased return the product within thirty (30) calendar days after the date of receipt of the delivery and correctly follow the instructions on our online return platform.
Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.
All sales to industry partners (Shop-Pro Purchases, VIP Purchases, Atomic Employees, Amer Sports Pro-Club Members) are FINAL and are non-refundable, non-exchangeable. For General Consumer order, please follow the instructions we have listed.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service 1-833-687-8664 by phone for assistance.
10. How to Return Items?
Go to our online return platform to initiate your return.
- You must return the items in their original package.
- You must include all accessories, user manuals and any free gifts that came in the same package.
- Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
- Please treat the items with care and return them in the condition that they were delivered to you.
- Please use, if possible, the original delivery package or pack the items securely and place the pre-printed return label on the outside of the packing used for shipping.
- Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card within thirty (30) calendar days after the date of receipt of the delivery.
Please note that we will only process returns and refunds for items bought in this Online Shop.
Atomic provides a warranty to buyers who purchased the Atomic product (Product). Certain Atomic Products are covered by a warranty as defined in the following link: https://www.atomic.com/en-ca/warranty.
There are no other warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the ordered items (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the ordered items are suitable for your purposes.
12. Personal Data
13. Our Liability
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
15. Contact details
Customer service will assist you with any questions. You can contact us by phone 1-833-687-8664 Monday through Friday 7am to 5 pm MST.
16. Governing law
These Sales Terms shall be governed and construed in accordance with laws of the Province of Ontario.