Atom

Atom – Consumer Terms and Conditions

Where to find information about us and our products

You can find everything you need to know about us, ATOM, a brand of Auto-Trail V.R. Limited, a company incorporated in England and Wales with company registration number 03533638 with a registered office at Trigano House, Genesis Way, Europarc, Grimsby, DN37 9TU, and our products on our website by clicking the following link Atom before you order.

If you place an order with us for any product, your contract with us will be based on these terms and conditions and our warranty terms and conditions which can be found by clicking the following link atom-warranty
You will:

  • You have had an opportunity to read these terms and conditions and the warranty terms and conditions during your order process.

  • You will confirm your order based on these terms and conditions when you place your order with us.

  • We will also confirm the key information to you in writing after you order, either by email or in your online account.

When you buy from us you are agreeing that:

  • We only accept orders when we’ve checked them.

  • Sometimes we may decline orders.

  • We require you to pay a deposit as part of the order acceptance process and charge you the final balance when the product is ready for both registration and collection/delivery.

  • When we may keep your deposit.

  • We may charge interest on late payments.

  • We pass on increases in VAT.

  • We’re not responsible for delays outside our control.

  • Products can vary slightly from their pictures.

  • Unexpected additional costs can be charged if we do not receive required information from you.

  • You may choose to buy either a bespoke product or a non-bespoke product.

  • You may have a legal right to change your mind.

  • When and how we refund you on a change of mind.

  • You have rights if there is something wrong with your product.

  • You have to return the product at your own cost.

  • We reduce your refund if you have used, modified or damaged a product.

  • When and how we refund you on a return of a product.

  • Changes we may make to products or terms.

  • When supply may be suspended.

  • We can withdraw products.

  • When we may end our contract with you.

  • Limits on the losses we are responsible for.

  • Risk passes to you on delivery or collection.

  • You must have vehicle insurance in place on delivery or collection.

  • We use your personal data as set out in our Privacy Notice.

  • Our complaints policy.

  • Other important terms apply to our contract.

1. We only accept orders when we’ve checked them

We will contact you to confirm we’ve received your order and then we contact you again (normally within 7 days) to confirm we’ve accepted it. Our acceptance is the point at which a legally binding contract is formed and when we are bound to provide you with your product in accordance with these terms and conditions.

 2. Sometimes we may decline orders

Sometimes we may decline orders, for example, because a product or any specifications, features or optional equipment is unexpectedly out of stock, because you are located outside the Mainland UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid. Where appropriate, we will also discuss with you whether there is a suitable alternative product, specification, feature or item of optional equipment that we are able to supply, but you will not be obliged to accept any alternative.

 3. We require you to pay a deposit as part of the order acceptance process and charge you the final balance when the product is ready for both registration and collection / delivery

At the time you place your order and enter into the contract, we will confirm the amount of any deposit payable by you and the provisional final balance based on the information available at that time.
You will be informed during the order process on how to pay the deposit. Once the deposit has been paid and all other verification checks have been completed to our satisfaction, we will accept your order and send you confirmation of such acceptance. Your order will not proceed to production until we have fully confirmed acceptance of your order.
The provisional final balance may be subject to change in accordance with these terms and conditions. We will notify you of the final balance due once your product is ready for registration and delivery or collection. The final balance confirmed by us at that time shall be payable in accordance with these terms and conditions.
Your product will not be delivered to you, nor made available for collection, until the final balance has been paid in full by you and cleared funds have been received by us no later than 48 hours before the agreed date for delivery or collection. We reserve the right to withhold registration, delivery and/or release of your product until payment in full has been received.
You will own your product once we have delivered this to you, or when you have collected this from our ATOM sales centre or handover centre, on a date to be agreed between us.
Following the completion of your product by us, our sales centre will contact you to agree such date. At the point of order you will choose whether you wish to have your product delivered to you, or to collect this yourself from our ATOM sales centre or our handover centre. Any date agreed between us is an estimate only and may be subject to change.

 4. When we may keep your deposit

We may retain all or part of your deposit where you cancel the contract after we have incurred costs, committed resources, ordered materials, commenced production of your product or otherwise suffered loss as a result of your cancellation. Any amount retained shall be limited to a reasonable estimate of our losses arising directly from the cancellation, taking into account any costs saved and our ability to mitigate those losses. We shall provide details of our calculation upon reasonable request.
If we are unable to fulfil your order, or if our finance provider rejects your application for finance, then we will refund your deposit.

 5. We may charge interest on late payments

If we’re unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

 6. We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

7. We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as unexpected changes in the law, conflicts disrupting global and regional trade routes, widespread utility failures, public health emergencies such as a mandated government lockdown and natural hazards such as severe flooding and unprecedented weather conditions, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial, and we treat a delay as being substantial if it is likely to delay delivery by more than 60 days, you can contact our Customer Service Team by calling their phone number on ‘01482 757961’ or by emailing them at ‘sales@atommotorhomes.com’ to end the contract and receive a refund for any products you have paid for, but not received.

 8. Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown on any device or brochure and may be slightly different. Any dimensions, capacities, weights and measurements provided in product literature are approximate only and may vary within reasonable manufacturing tolerances. Such tolerances shall not permit any variation which would render your product materially different from its description or non-compliant with applicable legal or regulatory requirements.

 9. Unexpected additional costs can be charged if we do not receive required information from you

We may charge you additional sums if you fail to provide us information we’ve asked for about how we can deliver your product to you, or how you can collect your product from our ATOM sales centre or our handover centre, as agreed with us. For example, we might need to re-deliver on another vehicle or reschedule delivery or a pick-up appointment which will incur additional costs.
If you miss delivery or a scheduled pick-up appointment for your product, we may charge you additional sums to cover our costs of rearranging.

 10. You may choose to buy either a bespoke product or a non-bespoke product

During the order process, you may be able to choose specifications, features, optional equipment, additions, finishes, layouts or other choices for your product. If you do this, your product will be made to your specifications, or be clearly personalised, and will be treated as a bespoke product for the purposes of these terms and conditions. You may also have the option to purchase a non-bespoke product.
Your right to change your mind depends on whether your product is bespoke or non-bespoke, as explained in clause 11 below.

 11. You may have a legal right to change your mind

If you purchase one of our bespoke products, which for the avoidance of doubt is made to your specifications or has been clearly personalised, your statutory legal right of 14 days to change your mind about the purchase of your product is excluded as you can’t change your mind about an order for a product which is made to your specifications or is clearly personalised. This does not affect your rights if there is something wrong with your product.
If you purchase one of our non-bespoke products, which for the avoidance of doubt is a product which has not been made to your specifications or has been clearly personalised, whether you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs, depends on how and where the contract is made between us.
If your order is placed through our website with assistance from an ATOM representative at one of our ATOM sales centres (which includes at a tradeshow), then you will not have the legal right to change your mind about your purchase.
If your order is placed through our website by you acting independently, or with the assistance of an ATOM representative, but you are not at one of our ATOM sales centres, you have the legal right to change your mind about your purchase.
If you change your mind about your product, and have the legal right to do so, you must let us know as soon as possible and, in any event, no later than 14 days after the date we deliver your product to you or you collect your product from our ATOM sales centre or our handover centre. To let us know you want to change your mind, contact our Customer Service Team by calling their phone number on ‘01482 757961’ or by emailing them at ‘sales@atommotorhomes.com’.
If your purchase was financed, you should also notify your finance provider, as the finance agreement may need to be cancelled or adjusted. Your rights against us as supplier are not affected by the existence of a finance agreement.

12. When and how we refund you on a change of mind

If you tell us you’ve changed your mind about a product, and providing you have the legal right to change your mind, we refund you as soon as possible and within 14 days of receiving the returned product. We refund you by the method you used for payment. We don’t charge a fee for the refund.
If your purchase was financed, we may be required to make any refund due to you, or part of it, to your finance provider rather than directly to you. This will depend on the terms of your finance agreement and the amount, if any, still outstanding under it. If your finance provider is required to pay any refund to you, it will do so under the terms of your finance agreement. We are not responsible for that refund or for how your finance provider deals with it.

 13. You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team by calling their phone number on ‘01482 757961’ or by emailing them at ‘sales@atommotorhomes.com’. Taking into account the point set out in clause 8 above, we honour our legal duty to provide you with products that are as described to you on our website, order summary or specification provided to you, and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: If your goods are faulty, you can get a refund.

  • Up to six months: If your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.

  • Up to six years (five years in Scotland): If your goods do not last a reasonable length of time, you may be entitled to some money back.

 14. You have to return the product at your own cost

You are responsible for the direct cost of returning your product where you exercise a legal right to change your mind. We will bear the reasonable costs of collection or return where your product is faulty, misdescribed or otherwise does not conform with the contract. You must return your product to us within 14 days of our confirmation to you that your refund has been approved. You can:

  • Bring the product to our ATOM sales centre or handover centre. You can find the nearest centre by contacting our Customer Service Team on 01482 757961 or sales@atommotorhomes.com. You will need proof of purchase and the card you paid with.

  • Alternatively, arrange with us for the product to be collected from an address agreed by us in writing.

  • If you miss a pre-agreed collection date and time, we will reduce your refund to cover our costs.

 15. We reduce your refund if you have used, modified or damaged a product

If you have the right to return your product, you must return it to us in the same condition as it was delivered to you. This includes returning all keys, documents, equipment and accessories supplied with the product. If the product is damaged, has been used in a way which reduces its value, or anything supplied with it is missing or damaged, we will reduce any refund to reflect the loss in value. We shall carry out an inspection of the product within 14 days of return to us to assess what amount, if any, should be deducted from your refund.

16. When and how we refund you on a return of a product

Once we have carried out our inspection to determine whether any deduction needs to be made, we shall notify you of the outcome of that inspection and we shall refund any amount due to you within 14 days of notifying you of the outcome of that inspection, by the method you used for payment. We don’t charge a fee for the refund.

 17. Product changes we may make to products or terms

Changes we can always make. We can always change a product specification:

  • To reflect changes in relevant laws and regulatory requirements.

  • To make minor technical adjustments and improvements that do not affect your use of the product.

Changes we can only make to products or these terms if we give you notice and an option to terminate. We can also make material changes to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team by calling their phone number on ‘01482 757961’ or by emailing them at ‘sales@atommotorhomes.com’ to end the contract before the change takes effect and receive a refund for any products you’ve paid for, but not received.

 18. When supply may be suspended

We do this to:

  • To deal with technical problems or make minor technical changes.

  • To update the product to reflect changes in relevant laws and regulatory requirements.

  • To make changes to the product as described in “We can change products and these terms.”

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If the problem is urgent or an emergency, we will contact you after we’ve suspended supply to confirm that we have suspended supply.
If we suspend the product, we adjust the price so you don’t pay for it while it is suspended.
If we suspend supply, or tell you we’re going to suspend supply, for more than 8 weeks you can contact our Customer Service Team by calling their phone number on ‘01482 757961’ or by emailing them at ‘sales@atommotorhomes.com’ to end the contract and we’ll refund any sums you’ve paid in advance for a product you won’t receive.

19. We can withdraw products

We may stop providing a product if we have a valid reason for doing so. We will let you know at least 14 days in advance, and we will refund any sums you’ve paid in advance for a product which won’t be provided.

20. When we may end our contract with you

We can end our contract with you for a product, retain sums paid by you and claim any compensation due to us (including enforcement costs) if:

  • You don’t make a payment when it’s due and still don’t pay within 7 days of our reminder.

  • You don’t provide the information, cooperation, or access we need to provide the product within a reasonable time of our request.

  • You don’t allow us to deliver the product to you or collect it from us within a reasonable time.

  • If you agree to collect the product but don’t do so within 14 days, we may treat your order as cancelled and refund the purchase price, unless the product is made to your specifications or clearly personalised.

21. Limits on the losses we are responsible for

We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:

  • Unexpected: It was not obvious that it would happen, and nothing you told us before we accepted your order meant we should have expected it.

  • Caused by a delay outside our control: As long as we have taken the steps set out in “We’re not responsible for delays outside our control.”

  • Avoidable: It was something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

To the extent that you use a product for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all 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 what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.

 22. Risk passes to you on delivery or collection

Risk in your product shall pass to you upon delivery to the delivery address nominated by you or when you collect your product from our ATOM sales centre or our handover centre.

 23. You must have vehicle insurance in place on delivery or collection

You are responsible for arranging and maintaining adequate motor insurance for your product with effect from the date and time of delivery or collection (as applicable). Delivery of, or collection of, your product is conditional upon such insurance being in place. We reserve the right to refuse delivery of, or collection by you, of your product if we reasonably believe that appropriate insurance cover is not in force. We are under no obligation to make enquiries regarding, verify, inspect or obtain evidence of your insurance arrangements and shall not be liable for any loss, damage, cost or expense arising from your failure to maintain appropriate insurance cover.

 24. We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: [ATOM PRIVACY NOTICE LINK].

 25. Our complaints policy

You may make a complaint through our Customer Service Team by calling their phone number on ‘01482 757961’ or by emailing them at ‘sales@atommotorhomes.com’, who will do their best to resolve any problems you have with us or our products as per our Complaints policy: [LINK TO COMPLAINTS POLICY OR WEBSITE ADDRESS FOR IT OR INFORMATION ABOUT WHERE TO ACCESS IT].

26. Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.