Terms and Conditions

Terms of Site Usage

1. About Us

www.atomdesigns.co.uk is a website owned by ACROTEX LIMITED, trading as Atom Design (UK company number: 3514327) ("We"), for the promotion and sale of textile designs and surface patterns ("Artworks") which can be viewed and purchased via our website. These terms and conditions apply to all and any use of our website. If you do not accept these terms and conditions, please do not use our website and leave now. These terms and conditions are drafted in accordance with the Laws of England and Wales. We cannot guarantee that the website accords with local laws of any other countries. You are therefore responsible for compliance with the laws of your jurisdiction.

2. Intellectual Property Rights

We do not grant you any right or interest in any copyright, design right, or other intellectual property right in any images, designs, text, photographs, compilations, music, videos, or other works featured on our website, nor do we give you the right to reproduce any of the above unless the same is confirmed by us in writing.

The copyright in all software and content of the website is owned by or licensed to us, unless otherwise specified, and may not be used, replicated, copied, modified, distributed, adapted, printed, or downloaded unless the same is confirmed by us in writing.

Copyright and design rights extend to the design, look, and feel of our website and any promotional material. Our website and our logos are our trade names and/or trademarks and may not be used by anyone else unless confirmed by us in writing.

When you purchase an Artwork featured on our website, We will either assign or license the copyright in the Artwork to you. Such an assignment or license is always granted at our sole discretion.

3. Copying

Any copying of Artworks from our website is strictly forbidden in any way or form, including digitally, photographically, or by photocopying. Any breach of our license agreement with clients will be taken very seriously and may result in us taking legal action against you. By using this website, you acknowledge that time is of the essence in any such action and waive any right to be notified prior to any application to the court for the purposes of preventing any misuse of Artworks.

4. Making a Purchase

If the Artwork is available and the details of your order are correct, we will send you an email together with an invoice. Alternatively, we may confirm the order by telephone.

After we have received full payment of the invoice, we will confirm our acceptance of your order by email or telephone. Your order and our acceptance will form a binding agreement between us ("the Purchase Agreement").

We try to keep our website as up-to-date as reasonably possible but cannot guarantee that all Artworks featured on the website are always available. If we cannot supply the requested Artwork, you will not be charged for it and we will refund or re-credit you with any amount that you might have already paid.

We may cancel any sale and not supply Artworks if it is reasonable to do so and may change or discontinue the availability of any Artworks at any time at our sole discretion.

You will not be entitled to assign the Purchase Agreement to any person, persons, or company without our prior written consent. For the avoidance of doubt, we are entitled to assign the Purchase Agreement without your consent whenever such an assignment is reasonable.

For the purpose of the Contracts (Rights of Third Parties) Act 1999, the Purchase Agreement does not and is not intended to give any rights to enforce any of its provisions to any person who is not a party to it.

5. Price and Payment

We accept cheque or money transfer, but the acceptance of such payment is always at our sole discretion. All information that you supply to us while placing an order online is encrypted prior to transmission to protect your details and your privacy. We may use a third party to process the payment on our behalf.

6. Delivery

After receiving full payment, We will send a copy of the digital source files for the Artworks. Digital source files shall be transmitted to the Licensee by electronic means/the internet or by means of a data storage device.

If you require delivery of a hard copy of the Artworks, you will be responsible for making arrangements for the delivery and covering the costs incurred.

Delivery outside the UK may be subject to local import taxes, which are your responsibility where they apply. Any and all imports, duties, fees, and taxes chargeable on the Licensee's receipt and use of the Artwork are for the account of the Licensee.

Please order from us with enough lead-time to prevent any loss or disappointment resulting from the delivery time, as we cannot be responsible for ensuring adherence to such lead-time. If your order will not be delivered within the timeframe that it normally takes to deliver an Artwork due to our fault and we become aware of this, we will notify you and try to rectify the situation as quickly as practically possible.

All new orders are deemed separate and each is treated individually.

7. Passing of Title

The risk in the Artwork will pass to you at the time of delivery. Until we have received payment in full in cleared funds for the Artwork, the title in the Artwork will remain with us.

8. Guarantees and Liability

We have used our best efforts to ensure that all information on our website is correct but make no guarantee and accept no liability as to the correctness of any such information. Use of any information will be entirely at your own risk.

We have tried to make the descriptions (including visuals) of all Artworks as accurate as possible. However, some Artworks (for example, colours of the Artworks) may differ slightly from those featured on our website.

We will not be liable for any indirect or consequential loss to you. We will have no liability in respect of any other website or page on the internet which may be accessible from our website.

We will not be liable for any default in the performance of our obligations if it is caused by an event of force majeure which will include, without limitation, an act of God, terrorist act, industrial action, breakdown of machinery, and any failure on the part of any sub-contractor, supplier, or carrier.

Except as provided above, we give no other warranties, conditions, or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law. Except to the extent waived herein, your statutory and common law consumer rights remain in full force and effect.

9. Applicable Law and Jurisdiction

Our website and these terms and conditions are subject to the laws of England and Wales and any disputes must be brought before a court with jurisdiction at the place of performance, which is the postal address of Atom Design: 443 New Cross Road, New Cross, London SE14 6TA, UK.

Contact Information

• Owner: Corinne McManus
• Email: artwork@atomdesigns.co.uk
• Telephone: +44 7961 107485
• Address: 443 New Cross Road, London, SE14 6TA
• Instagram: @atomdesigned