Terms of Service

These Terms of Service (“Terms”) govern purchases of products from atomapparel.store (the “Website”), operated by ATOM APPAREL (“we,” “us,” or “our”). Your general use of the Website is governed by our Terms of Use, and your personal data by our Privacy Policy, each incorporated here by reference.

Please read the dispute resolution and arbitration provisions in our Terms of Use carefully. They affect your legal rights, including a binding arbitration agreement and a class-action waiver, with a 30-day right to opt out.

1. Acceptance of Terms

By placing an order or otherwise using the Website to purchase products, you agree to be bound by these Terms. If you do not agree, please do not place an order.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and able to form a binding contract in order to place an order. By ordering, you represent that you meet these requirements and that all information you provide is accurate and complete.

3. Products, Availability, and Descriptions

All products are subject to availability, and we may modify, limit, or discontinue any product without notice. We strive to display products accurately, but we do not warrant that descriptions, colors, sizing, images, or other content are error-free, current, or complete; actual colors may vary depending on your device. We may limit or cancel quantities purchased per person, per household, or per order, and may refuse orders that appear to be placed by dealers, resellers, or distributors.

4. Pricing and Pricing Errors

Prices are listed in U.S. dollars and may change at any time before you place an order. We work to ensure pricing accuracy, but errors may occur. If a product is listed at an incorrect price, we reserve the right to cancel the order—even after it has been confirmed—and to refund any amount charged. We will notify you if this happens.

5. Orders, Acceptance, and Payment

Your order is an offer to buy; a contract is formed only when we confirm shipment of the products. We may refuse or cancel any order for legitimate reasons, including suspected fraud, payment problems, pricing or product errors, or unavailability. Payment is processed securely through our third-party payment providers (including Visa, Mastercard, American Express, PayPal, Google Pay, and Klarna). You authorize us and our providers to charge your selected payment method for the total order amount, including taxes and shipping. If you choose a “buy now, pay later” option such as Klarna, that provider’s own terms also apply.

6. Taxes and Duties

Prices are exclusive of taxes unless stated otherwise. We collect sales and other applicable taxes where required. For orders shipped internationally, you are the importer of record and are responsible for any customs duties, import taxes, and brokerage fees imposed by the destination country.

7. Shipping; Title and Risk of Loss

Shipping timelines and methods are described at checkout and on our Returns & Exchanges page. Title to and risk of loss for the products pass to you upon our delivery to the carrier. We are not responsible for delays caused by carriers or events beyond our reasonable control, but we will reasonably assist you with claims for products lost or damaged in transit.

8. Returns, Exchanges, and Refunds

Return windows, exchange rules, and refund methods are described on our Returns & Exchanges page, which is incorporated into these Terms by reference. Please review it before ordering. Nothing in these Terms limits any non-waivable warranty or consumer right you have under applicable law.

9. Promotions, Discount Codes, and Gift Cards

Promotions, discount codes, and gift cards are subject to any additional terms stated when issued. Unless stated otherwise, codes are non-transferable, have no cash value, cannot be combined, and may be modified or revoked in cases of suspected fraud, error, or abuse. Gift cards are redeemable only on the Website and are not redeemable for cash except where required by law.

10. Product Warranty

Unless a written limited warranty is provided with a product, products are sold without any manufacturer or seller warranty beyond those that cannot be excluded under applicable law. Any limited warranty we offer is set out in the materials accompanying the product. This Section does not affect your mandatory statutory consumer rights.

11. Marketing Communications

If you opt in, we may send you promotional emails or text messages. You can unsubscribe from emails at any time using the link in each message, and you can stop text messages by replying STOP. Message and data rates may apply. We handle these communications in line with applicable laws, including the CAN-SPAM Act and the TCPA.

12. Electronic Communications and E-SIGN Consent

You consent to receive communications and records from us electronically—including contracts, notices, and disclosures—and you agree that electronic records and signatures satisfy any legal requirement that such communications be in writing. You may withdraw this consent for future communications by contacting us, though doing so may prevent you from using certain features.

13. Intellectual Property

All content on the Website—text, graphics, logos, images, and software—is the property of ATOM APPAREL or its licensors and is protected by intellectual-property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

14. User Accounts

You are responsible for keeping your account credentials confidential and for all activity under your account. Please notify us immediately at support@atomapparel.store of any unauthorized use.

15. Disclaimer of Warranties

EXCEPT FOR WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS AND THE WEBSITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DOES NOT AFFECT YOUR MANDATORY CONSUMER RIGHTS.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ATOM APPAREL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS, AND OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by our negligence, or for fraud or willful misconduct.

17. Indemnification

You agree to indemnify and hold harmless ATOM APPAREL and its affiliates, officers, and employees from any claim, loss, or expense (including reasonable legal fees) arising from your breach of these Terms, your violation of any law, or your infringement of another party’s rights.

18. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, carrier or supplier failures, utility or internet outages, or governmental action.

19. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law provisions. Any dispute relating to your purchase is subject to the informal-resolution requirement, the binding individual arbitration agreement, the class-action waiver, and the 30-day opt-out right set out in our Terms of Use. Please review that section carefully.

20. General Provisions

Entire agreement. These Terms, together with our Terms of Use, Privacy Policy, and Returns & Exchanges page, are the entire agreement between you and us regarding purchases and supersede all prior understandings.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will stay in effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets.

Survival. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and these general provisions survive termination.

Notices. We may give notice by posting on the Website, by email, or through your account; you may contact us at the address below.

Third-party beneficiaries. There are no third-party beneficiaries to these Terms except our indemnified parties.

Export controls. You represent that you are not located in an embargoed jurisdiction or on any government restricted-party list, and that you will comply with applicable export and sanctions laws.

Headings. Headings are for convenience only and do not affect interpretation.

21. Changes and Contact

We may revise these Terms; the updated version is effective when posted, and we will update the “Last updated” date above. For questions, contact us at support@atomapparel.store.