Terms & Conditions

The present conditions are valid between the company Atomium s.r.l.s. Unipersonale, with registered office in Via Bebio 74 - 76125 Trani (BT), REA BA - 625008, VAT number 08411450722, hereinafter referred to as "ATOMIUM" and any person adult who makes online purchases on this website hereinafter referred to as ''CUSTOMER''. These conditions may be subject to change and the date of their publication on the site shall be equivalent to the effective date. The date of last update is shown at the end of the page.

These conditions govern purchases made on this website, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree. No. 21/2014 and by Legislative Decree No. 70/2003 on electronic commerce.

Purchase on this website is reserved for adults.

Article 1 - SUBJECT OF THE CONTRACT

With these general conditions of sale, ATOMIUM sells and the CUSTOMER purchases at a distance the movable goods materials indicated and offered for sale on this website. The contract is concluded exclusively through the Internet network. The customer undertakes to read, before proceed to the confirmation of his order, of these general conditions of sale, in particular of the pre-contractual information provided by ATOMIUM and to accept them by placing a flag in the box indicated. In the order confirmation e-mail, the CUSTOMER will also receive a web link (link) to view, download and store a copy of these general conditions of sale (art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014).

The Customer, by sending the Order Form, acknowledges and accepts that it concludes a contract whose only version valid and effective is the one in the Italian language, while the other versions provided by ATOMIUM in any other foreign language are made available to him only as a courtesy.

ARTICLE 2 - PRECONTRACTUAL INFORMATION

Before the conclusion of the purchase contract, the CUSTOMER shall take note of the characteristics of the goods which are illustrated in the individual product sheets at the time of the CUSTOMER's choice. Before the validation of the order, the CUSTOMER is informed with regard to: total price of the goods including taxes, with details of shipping and any other costs; payment methods; conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as type of withdrawal form in Annex I, part B of Legislative Decree 21/2014; information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; existence of the legal guarantee of conformity for the goods purchased.

ARTICLE 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The contract of sale shall be considered concluded upon receipt by the CUSTOMER of the order form and upon payment of the consideration made by the available payment methods. To confirm the conclusion of the contract ATOMIUM sends the CUSTOMER of an e-mail "order confirmation". The e-mail contains the CUSTOMER's data and order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and store the copy of these conditions. The CUSTOMER agrees to verify the accuracy of the personal data contained in the above email and to promptly notify ATOMIUM of any corrections/changes to be made. ATOMIUM undertakes to describe and present the items sold on the site in the best way possible. Nevertheless, some errors, inaccuracies or minor differences between the product depicted on the site and the actual product may become apparent. Furthermore, the photographs of the products presented on this website do not constitute a contractual element, as they are to be considered representative only. ATOMIUM undertakes to deliver the goods within 30 days starting from the sending by ATOMIUM itself of the order confirmation e-mail to the CUSTOMER.

ARTICLE 4 - PRODUCT AVAILABILITY

Product availability refers to actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative as products may be sold to other CUSTOMERS before the confirmation of the order, as a result of the simultaneous presence on the site of several users and that a computer anomaly may occur such that a product is available for purchase that in reality is not. Even after sending the order confirmation e-mail sent by ATOMIUM, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the manner and timing of reimbursement of any sums paid.

ARTICLE 5 - PAYMENT METHODS

Any payment by the CUSTOMER may be made only by the credit cards indicated on this website, by bank transfer (if indicated on the order form) or by Paypal payment method. Payments are processed by specialized external vendors who guarantee high security standards. Credit card details are in no way displayed or stored by ATOMIUM. In case of bank transfer, payment details will be communicated to the CUSTOMER on the payment form and on the order proposal sent by e-mail.

ARTICLE 6 - PRICES

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All sales prices of the products shown on this website are in Euros and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment. The CUSTOMER accepts ATOMIUM's right to change its prices at any time, however, the goods will be invoiced based on the prices indicated on the site at the time of order creation and indicated in the confirmation e-mail sent by ATOMIUM to the CUSTOMER. In the event of a computer, manual, technical, or any other error that may result in a substantial change, not foreseen by ATOMIUM, in the sale price to the public, making it exorbitant or derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.

ARTICLE 7 - RIGHT OF WITHDRAWAL.

In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days starting from the date of receipt of the products. The CUSTOMER who intends to exercise the right of withdrawal must notify ATOMIUM by explicit declaration, which may be sent by registered mail with return receipt - or - by certified mail pec - or - by accessing the form "RMA Returns Management" for the creation of a computer file of Return. In the event of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to ATOMIUM his desire to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned at the CUSTOMER's expense* to ATOMIUM srl - Coop Isonzo - Via Gaudenzio Fantoli 11/2 - 20138 Milan. The goods must be returned undamaged, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment), complete with any labels/tags. Without prejudice to the right to verify compliance with the above, ATOMIUM will refund the amount of the products subject to withdrawal within a maximum period of 14 days. ATOMIUM will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his/her right of withdrawal, he/she will have to provide ATOMIUM, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made, by ATOMIUM.

*It is understood that in case of product defect, shipping costs will in any case be borne by ATOMIUM.

ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY

In case of receipt of defective products or otherwise not in conformity with the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product. The CUSTOMER may exercise this right if the defect becomes apparent within a period of two years from the delivery of the goods and reports the defect to ATOMIUM within two months of discovery. In order to exercise the above right, the customer must proceed to the creation of a computer file of Return by accessing the "RMA Returns Management" form. ATOMIUM, in case of a defective or non-conforming product, will, at its own expense, arrange for the withdrawal of the product, subject to availability of the CUSTOMER. The legal warranty covers the product that has conformity defects and cannot be invoked in case of negligence and/or carelessness in the use and/or maintenance of the product. The returned product will be evaluated by ATOMIUM's technicians. If the defect is confirmed (thus excluding breakage due to normal wear and tear or incorrect use of the product), the product will be replaced with the same model or a purchase voucher equal to the current value of the item in question will be issued (if the same is no longer available for replacement).

ARTICLE 9 - DELIVERY METHODS

ATOMIUM sells the products for the Italian territory only. Orders from other European Union countries may still be accepted - if the shipping option is available in the order form, subject to courier availability. The CUSTOMER must make sure that in the country where he/she requests delivery it is legal to purchase, import, hold, use the product. The CUSTOMER will be solely responsible for the activities of purchase - import of the product outside the Italian territory. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by ATOMIUM.

ARTICLE 10 - INVOICING

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For each order placed on this website, ATOMIUM will issue a receipt for the goods purchased. Should the CUSTOMER require a commercial invoice, this must be requested by sending an email to the email address [email protected] or through the online contact form, enclosing all invoicing data including VAT number and - alternatively - the SDI code or the PEC certified email address for the issuance of the electronic invoice.

ARTICLE 11 - RESPONSIBILITY

ATOMIUM assumes no liability for inefficiencies attributable to force majeure or fortuitous event, even where dependent on malfunctions and inefficiencies of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.

ARTICLE 12 - ACCESS TO THE SITE

The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether aural or visual, and the related technology used remain the property of ATOMIUM and are protected by intellectual property law. It is absolutely forbidden to use on the site: automated bots, scripts, crawlers and other automatic systems for reading content.

ARTICLE 13 - COOKIES

This website uses ''cookies''. Cookies are electronic files that record information related to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc..) and that allow ATOMIUM to offer a personalized service to its customers. ATOMIUM informs the Customer of the possibility of disabling the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase. More detailed information about Cookies can be found in our "Cookie Policy".

ARTICLE 14 - INTEGRALITY

These Terms and Conditions shall consist of the entirety of the clauses that make up these Terms and Conditions. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid pursuant to law, regulation, or following a decision by a court having jurisdiction, the other provisions shall continue in full force and effect.

ARTICLE 15 - APPLICABLE LAW AND JURISDICTION

The present General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution shall be submitted to the exclusive jurisdiction of the Court of Trani. In any case, it is possible to have optional recourse to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr

General Terms and Conditions of Sale updated May 7, 2020.