ATM Living - Terms of Sale
We want you to be delighted with all of your ATM Living Purchases, and the service that you receive from us.
These are the terms and conditions upon which we supply goods to you both in relation to orders placed online (distance contracts) and purchases made in person in our showroom (on-premises contracts). The majority of our trade is now on-line; specific reference will be made within these terms to any differences between distance and on-premises contracts.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You are specifically referred to clause 12 in relation to the limits of our liability to you under the contract.
These terms are intended to comply with the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Summary of your key rights as a consumer
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods you are entitled to the following:
Additionally, where goods are ordered online, the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after
receiving your goods, in most cases, you can change your mind and get a full refund.
This is a summary of some of your key rights. More detailed information is available from Citizens Advice at www.citizensadvice.org.uk or call them on 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
If you think that there is a mistake in these terms, please contact us to discuss. These terms were lasted updated on 26th May 2022.
By placing an online order through our website, you confirm that you are over 18 years of age; you are legally capable of entering into binding contracts on your own behalf or on the part of the party you represent; and all information supplied to us is accurate and complete.
We strongly recommend that you review the measurements of our goods, as stated on our website, prior to ordering, as the goods being the “incorrect” size may not be a good reason to cancel the contract or may result in Extra Delivery Charges.
- ATM Living Limited (referred to in this agreement as “we” or “us”) is a limited liability company incorporated in England and Wales with registered number 12563084 whose registered office is at 7 Tilley Road, Crowther Ind Est, Washington, England, NE38 0AE. Our VAT registration number is 348129978.
- You can contact us by telephoning our customer service team on 01916914811 or by email to email@example.com or writing to us at our registered office. Where there is reference in these terms to contacting us “in writing” then you may do so by email to the above email address.
- We may contact you using details provided to us when you placed your order.
- Are you a business or a consumer?
- In some areas you will have different rights under these terms depending on whether you are purchasing as a business or consumer. You are a consumer if:
- You are an individual.
- You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Our contract with you
- When you order goods or services from us a contract will be formed when:
- you receive a copy of your email order confirmation (distance contract) having confirmed that you have read and understood these terms during the online checkout process; or
- upon your signing these terms and conditions in our showroom (on-premises contract).
- If we are unable to accept your order, we will inform you of this in writing, will not charge you for the goods and will refund any payment taken from you. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
- If you want to change your order (including the arrangements for delivery or collection when ordering goods), you must contact us immediately as any changes may delay the delivery of your order. If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. To cancel your order or any part, please see ‘Your rights to cancel your order’.
- If you purchase the same goods under two or more orders, we cannot guarantee that the goods supplied will be from the same batch or be the exact same colour match.
- Goods may vary slightly from their pictures. The images on our website are for illustrative purposes only, although we have made every effort to display the goods and their colours accurately. We cannot guarantee that either the device used to create the image or the device used to display the image accurately reflects the colour of the goods and your goods may vary slightly from those images.
- Packaging may vary. The packaging of the goods may vary from that shown in images on our website.
4. Price & Payment
- The price for goods and services (including any applicable delivery charges) are displayed on our website and are as set out in the order confirmation or invoice sent or given to you. Prices displayed include VAT details of which will be set out on your order confirmation or invoice
- We take all reasonable care to ensure that the price advised to you is correct. However please see clause 4.4 for what happens if we discover an error in the price of the goods you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
- It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order, where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- How to Pay
- We accept payment with all major credit and debit cards including American Express. You must pay for the goods in full before we deliver them. We do offer the opportunity for you to pay for your goods in 3 instalments using finance provided by Klarna Bank AB (Klarna). This is an arrangement directly between you and the finance option chosen, and you are referred to their terms and conditions here. Finance Options – ATM Living.
- If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
- If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Extra delivery charges may apply and they will be displayed on our website (or explained to you in an on-premises sale) prior to your entering into the contract – see ‘Extra Delivery Charges’.
- We currently accept payment of 20% on pre-order items where items are not in stock to secure your order.
- Ownership for the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) delivery charges.
6. Your rights to cancel your order - Consumer
- ATM Living Limited is under a legal duty to supply goods that conform with the contract. Where goods are defective or not as described – then please see section ‘Quality’ below. Nothing in this section limits your rights where goods are defective or not as described.
- You may be able to end the contract due to something we have done or have told you. If you end the contract for the following reasons set out at 6.2(a) to 6.2(c) below the contract will end immediately and we will refund you in full for any goods not provided for which payment has already been taken:
- we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods may be significantly delayed because of events outside our control;
- we have suspended supply of the goods for technical reasons, or notify you that we are going to suspend supply for technical reasons, in each case for a period of more than 2 months
- Where you have ordered your goods online and you are a consumer, you have the right to change your mind and may cancel your order at any time between placing the order and within 14 days after you (or someone nominated by you) receives the goods (or when the last item of a multiple item order comes into your possession).
This right does not apply to:
- Goods where the price is dependent on fluctuations in the financial market, and cannot be controlled by us;
- Goods made to the customer’s specification or are clearly personalised;
- Goods which are liable to deteriorate or expire rapidly;
- Sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery; and
- Goods that become mixed inseparably (according to their nature) with other items after delivery
Please make it clear when you contact us to cancel in exercise of this right that you are cancelling under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013.
- If you wish to cancel please call our customer service team on 01916914811 or email firstname.lastname@example.org. Please ensure that you provide your name, address, details of your order including order number (found on your invoice or email confirmation), phone number and email address. Cancellation must be made by the person who placed the order.
- If you end the contract for any reason after goods have been dispatched to you, you must return them to us once you have received them. Please refer to our Delivery and Returns policy for full details. Please take reasonable care of the goods; we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you. If you have cancelled the contract following dispatch of the goods but prior to your receiving the goods then :
- Opening the packaging and/or, where applicable, assembling the goods, will be considered unnecessary handling;
- You will be required to pay the delivery charges incurred in returning the goods to us.
- Defective Goods - Business
- If you are a business customer we warrant that on delivery the goods shall:
- conform in all material respects with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
- Subject to clause 7.3, if:
- you give us notice in writing within a reasonable time of discovery that goods do not comply with the warranty set out in clause 7.1; and
- we are given a reasonable opportunity of examining such goods; and
- you return such goods to us at our cost
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full if replacements or repairs can not be offered.
- We will not be liable for any goods’ failure to comply with the warranty in clause 7.1 if:
- you make any further use of the goods after giving a notice in accordance with clause 7.2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you (or someone at your instruction) alter or repair the goods without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as expressly provided in this clause 7, we shall have no liability to you in respect of the goods’ failure to comply with the warranty set out in clause 7.1.
- These terms shall apply to any repaired or replacement goods supplied by us under clause 7.2.
- Delivery of Goods
- Our deliveries are provided by trusted local delivery companies. Delivery costs will be quoted upon time of order. Our obligation to you is to deliver your goods within a reasonable time. We endeavour to make our deliveries Monday to Saturday between 8am-9pm, with standard delivery time being within 10 working days if your goods are in stock. An estimated time for delivery will be notified to you prior to your entering into the contract, however, under these terms is not of the essence, unless delivery by an essential date has been agreed in writing at the time the contract was formed.
- Standard delivery is only available to mainland UK. Delivery outside of the mainland UK is subject to the availability of our couriers’ service in the area and cannot be guaranteed, however we will be able to get quotes on delivery if requested.
- Please note if you order multiple items , you may receive multiple deliveries from our couriers, but this is all covered in your initial delivery charges (free on orders over £50).
- At the time of placing your order, you will have been informed of the approximate timescales for contact by our delivery company regarding your delivery or collection.
- All taxes and duties to non UK addresses are the sole responsibility of the customer.
- If you have pre-ordered an item that is presently out of stock then you will be notified of the estimated delivery time prior to your making payment [at online checkout/by information on our website/by our team in our showroom].
- Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason, we are unable to deliver the goods or to have them ready for collection within the originally estimated time for delivery then we will notify you of the delay and new timescale as soon as possible.
- If delivery is not made within the originally estimated timescale and cannot be made within a reasonable period of time thereafter and you cannot wait for the goods, you must let us have notice of cancellation, from the person who placed the order. If we receive your notice of cancellation as a result of our inability to deliver your goods within a reasonable time, you will receive a full refund.
- This request must be emailed to email@example.com. However, ATM Living LTD cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.
- Upon receipt of delivery the customer must check the delivery is correct, and for any obvious defects apparent upon first inspection. This must be reported as soon as possible within a reasonable timeframe.
9. Additional Delivery Charges
- Our delivery service will deliver to the entrance of your property, in line with Health & Safety guidelines. You must tell us when arranging delivery about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions, narrow bridges or small entrances.
- We can deliver to Northern Ireland upon request, and retrieve a quote from our local suppliers.
- Additional charges for delivery may apply in any of the following circumstances:
- If you change the address where your goods are to be delivered at short notice
- If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about
- If the goods need to be redelivered because of access problems (e.g. small door frames, awkward turns, narrow passages, steps etc) at the delivery address.
- We will let you know if any extra delivery charges are payable and you must pay these charges before we arrange delivery or re-delivery (as appropriate) or, if charged after the delivery, within 7 days of receiving notice of such extra delivery charges.
- If delivery proves impossible or impractical on 2 or more occasions because of access problems, then we may, at our absolute discretion, cancel your order, in which event delivery charges will not be refunded.
- In the event of cancellation of your order for any reason only Standard Delivery charges are refundable.
10. Customer Services
- Our services are provided by our experienced customer service team during Monday, Tuesday , Thursday & Friday, 9am-5pm, Wednesday 9am – 7pm, Saturdays 9am – 1pm. Arrangements outside of these hours may be made upon special request and reasonable notice.
- Our aim is to provide you with the most efficient and timely service as possible and at the time of making your order, we will endeavour to manage your expectations by providing timescales available to complete our service to you.
- Our Customer Service team are all trained to provide a high quality service with respect to the retail of our goods. However, no advice can be given about plumbing, electrics, or any similar professions or trades that may be required to fit or install the goods. We recommend you do not book any fitting or installation services until the goods have been delivered, and items have been inspected thoroughly. ATM will not be liable for any installation charges / fees when items are damaged and installation services need to be rebooked.
- None of our Customer Service team are authorised to advise on whether any goods are suitable for any particular purpose. If you intend to use the goods for any unusual purpose, then you must make up your own mind about whether the goods are suitable or take advice from a third party.
- Please notify us of any errors in items or obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, wherever possible, by describing the defects on a 'proof of delivery' document.
- Where packaging is damaged on delivery it is recommended that you report such damage to the delivery driver and take photographs of the damage prior to unpacking and of the goods whilst they are unpacked.
- For all defects, please notify us as soon as you discover those defects and at the latest within 14 days of delivery. Providing photographic evidence and a description of any defects.
- You must notify us by e-mail at firstname.lastname@example.org Your statutory rights, in particular your rights under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations, and the Consumer Rights Act are not affected.
- You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility.
- Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose.
- Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
- For self-assembly goods, it is important that you read the assembly instructions carefully as we cannot accept responsibility for any self-assembly goods that are damaged because instructions were not properly followed.
- Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, for example because clipped/ bolted in badges have been removed, then we may require you to produce proof of purchase.
- When we are satisfied that the goods are faulty you will be offered a replacement part or full refund of the original purchase price. Nothing in this section affects your statutory rights as a consumer.
- Our Liability to You
- Our responsibility for loss or damage suffered by you if you are a consumer
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 12.2(a) all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 12.2(a):
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract (including any delivery charges incurred).
- You are referred to our Delivery and Returns policy at Delivery and Returns – ATM Living Any goods returned should be returned in their original undamaged condition within their original packaging. Where the contract has been cancelled prior to your receipt of the goods you must not open the packaging as the goods do not belong to you.
- On the return of your goods to us we have the right to inspect them for defects and/or damage and/or loss in value of the goods arising from unnecessary handling of the goods by you . We are entitled to a reasonable time to carry out the inspection, which we anticipate would usually take up to 5 working days. Once we are satisfied, acting reasonably, that the returned goods are undamaged, your order will be updated and the refund processed.
- We may withhold a refund or make a partial refund if in our reasonable opinion goods have been returned to us otherwise than in their original condition, or in a damaged condition or with parts missing that has not been the result of any error on our part. We reduce your refund if you have used or damaged the goods or if you handle the goods in a way which would not be acceptable in-store, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we are likely to reduce your refund.
- It is not possible to cancel orders for bespoke or made to measure items or goods made to your specification . The right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to contracts relating to goods that are made to a customer’s specifications or are clearly personalised unless they are claimed to be faulty or not as described, in which case we may ask to review the goods through an independent inspection before a refund is given. Your consumer rights are not affected.
- If you are returning goods in exercise of your right to change your mind within your cooling off period in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you will be responsible for payment of delivery costs to return the goods to us and we will be required to refund standard delivery costs only and entitled to withhold any payments made by you for non-standard delivery costs and make a deduction from your refund to reflect use by you.
- When returning your goods you can:
- bring the goods to our store after notifying Customer Service of your intention to do so; you will need to bring your receipt and the card you paid with.
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
- If your goods have not been delivered we will refund you as soon as possible and within 14 days of you telling us that you have changed your mind. If your product is goods that you are sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us).
- We refund you by using the same method you used for payment. No fee is charged for the refund. Refunds to other payment methods or accounts can not be done.
14. Data Protection
- Other Important Terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.