Terms and Conditions

Atoms Optical Measuring, Atoms Precision V2 and Atomsoptical.com are operated and owned by Swiss Formula AAA AG Viale Balli 2, P.O. Box 763, 6600 Locarno, Switzerland.

These General Terms and Conditions regulate the relationship between Atoms Optical Measuring, hereinafter "atomsoptical.com", and the customer within the scope of software distribution and acquisition via the systems of atomsoptical.com. Atomsoptical.com reserves the right to change the terms and conditions without notice.

Atomsoptical.com only accepts orders made through the websites order system and the phone line provided. Although atomsoptical.com will use all reasonable endeavours to ensure that the goods displayed on the website are available, availability cannot always be guaranteed. When the order is received and the ordered goods are available, you will be sent a confirmation email.

These terms and conditions are valid for all offers, deliveries and services including product and license agreements, excluding any terms and conditions of a customers or contractors. Atomsoptical.com will only recognize terms and conditions differing from its own terms and conditions if these are submitted in writing and agreed upon by the management of atomsoptical.com. The atomsoptical.com terms and conditions will apply even if, knowing of other terms and conditions of the customer in variance herewith, atomsoptical.com nonetheless delivers without reservation.

• An order placed by a customer is an offer directed to atomsoptical.com in accordance and acceptance of these terms and conditions.
• All orders placed by the customer are subject to ultimate acceptance by atomsoptical.com. Before the order is accepted, an automatic confirmation (webpage or email) for the order is generated. Before this confirmation is generated for the customer, the customer has the opportunity to review the entries made during the order process. These entries may be changed or corrected by the customer during this review opportunity. The generation of an order confirmation does not confirm acceptance of the order by atomsoptical.com.
• All information material that provide prices and descriptions, unless otherwise stated, are to be regarded as guide and do not necessarily represent the exact properties of the final product.
• The acceptance of the order by the customer will be effective and the contract between the customer and atomsoptical.com will materialize when payment of the total price of the products in review is authorized by the credit card of the customer and a final confirmation is issued by atomsoptical.com.
• If the software or service is delivered by way of postal mail, and the order of the customer is placed electronically (internet / email) or via telephone the order is considered binding as soon as full payment for all products ordered is authorized successfully by the credit card of the customer for the amount requested.

• The customer warrants that all fundamental data submitted during the order process reflects the true facts, and that these data are sufficient to fulfil the order. Any surcharges that atomsoptical.com accrues due to false or inaccurate address information will be borne by the customer.
• All warranties under these terms and conditions apply provided that the customer is an end user and not a reseller of these products.
• Any warranties, commitments or other covenants noted in the name of atomsoptical.com or the product developer, licenser or distributor may only be accepted by the customer if atomsoptical.com expressly agrees to these in writing.

• If not stated differently, all prices displayed on atomsoptical.com are to be understood in the respective currency. Prices may vary with currency fluctuations; atomsoptical.com may also conduct price adjustments from time to time. All typing errors and miscellaneous errors may result in alterations of price. If not declared otherwise, all prices are to be understood excluding transport and delivery cost (these costs are broken out separately on the website) and include applicable VAT (7.6%). The customer agrees to the price displayed in conjunction with transport and delivery cost at the time of purchase.
• Payments have to be made before delivery by way of the payments offered on the website, any payment methods not mentioned may only be used if expressly agreed to by atomsoptical.com in advance.
• If not stated differently in writing other than in these terms and conditions, the payment has to be made in full regardless of claims due to short delivery or product deficiencies.

The customer can choose to pay by credit card through the online payment gateway or by phone on the provided phone number.

• During the order process the customer will have to enter the following information in the order process, cardholder name, card number, expiration date, card verification code and declares here and now that he is in agreement with atomsoptical.com to charge the credit card with the respective credit card company, in particular online.
• Atomsoptical.com will protect the credit card information from unauthorized access by third parties to the greatest reasonable extent. The customer however is aware of the fact, that during transmission of this data, electronically or in other ways, there is still a risk of unauthorized knowledge of this information.
• The charging of the credit card will typically be conducted during the order process in form of an online charge.

• Upon receiving full payment, the customer is granted a permanent, simple use right of the software he has ordered.
• The scope of the customer´s simple use right only covers the extent to described in the use of right license. The scope of the use right of the customer maybe viewed in the manufacturer notification, which accompanies the software or can be retrieved from atomsoptical.com.
• The customer has the right to duplicate the software for backup purposes if the program was delivered without a backup copy. Every other duplication temporarily or permanently in whole or in part on any medium is not admitted. The customer is also prohibited to translate, edit, arrange or to revise the program as well as duplicating the results achieved.
• The customer may not resell the use right to the software acquired.

All products, excluding downloadable products and electronically generated license keys, are shipped insured worldwide via International courier service. Atomsoptical.com will process every order within three business days upon receipt of your payment. Shipping times depend on the country of destination. Atomsoptical.com cannot guarantee specific delivery times. Where a license key is to be sent in electronic format it is the customer’s liability to provide correct information. The licensing key will be provided within three business days upon receipt of payment electronically. Where a license key is provided in electronic format it is the customer’s responsibility to supply a software request code. Atomsoptical.com has no liability for loss, damage or incorrect use of the software request code. All delivered goods are property of atomsoptical.com until full payment is received.

• The customer will inspect the software and hardware received from atomsoptical.com immediately upon receipt for any defects. This inspection will generally be completed within 14 days.
• In order to maintain his warranty rights; the customer must notify atomsoptical.com of visible defects in the software or hardware in writing within 14 days of receiving the software.
• All hardware products are warranted under the warranty issued by the manufacturer.
• In case of the product being a software, atomsoptical.com does not accept any liability and is not liable for the software complying with the specific requirements or operating systems of the customer or any hardware components and configurations of the customers systems nor the compatibility of the systems with the purchased software. Any liability regarding changes made to the product by the customer or third parties or improper use or maloperation of the product is explicitly excluded from these terms and conditions. Atomsoptical.com does not accept any liability for the loss of data or damages done to the systems due to the use of the product.
• Atomsoptical.com expressly disclaims any warrant for software. Software and any related documentation is provided "as is" without warranty of any kind, either expressed or implied, including and without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of Atomsoptical.com software remains with you. In no event shall Atomsoptical.com or its representatives or suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of or inability to use Atomsoptical.com products, even if Atomsoptical.com has been advised of the possibility of such damages.
• Atomsoptical.com is not liable for any other liabilities. The liability of warranties made Personal injury and bad faith are excluded from §8 and §9 of these terms and conditions.

• Claims for damages are excluded from these terms and conditions. Atomsoptical.com in general is not liable for and loss of data, loss of profit and other pecuniary loss of the customer resulting from the use of the product purchased by the customer
• This liability waiver does not apply, if atomsoptical.com acted grossly negligent or intentionally. Further it does not apply in case of negligence in business conduct; in this case liability is generally limited to the predictable damage when the contract was concluded. Same applies for vicarious agent liabilities.
• If liability of atomsoptical.com is excluded or restricted, then this also applies for employees, associates, representatives and vicarious agents of atomsoptical.com.
• Contributory negligence of a customer is chargeable, but not limited to inadequate backup of data.

At Atoms Optical Measuring, we want you to be delighted with your purchase. Occasionally though, we realize that you may want to return items. You may return an item purchased in the www.atomsoptical.com online shop in its original packaging within seven working days from the day you received your item(s). This applies to hardware components offered at atomsoptical.com. However, we cannot accept cancellations of software products for which a license key has been generated and provided to you. At Atoms Optical Measuring we make our software products available for testing and evaluation for free prior to purchase. If you wish to return hardware components purchased at atomsoptical.com please refer to our terms & Conditions and Contact us at returns@atomsoptical.com For all other contact information, please see our Contact page.

EU Statutory Rights - Internet Purchases

Atoms Optical Measuring adheres to The Consumer Protection (Distance Selling) Regulations 2000 regarding the protection of consumers in respect of distance contracts. Through this regulation, customers in the European Union have the statutory right to withdraw from the purchase of an item from the ww.atomsoptical.com Online Shop within seven working days (cooling-off period) of receiving a product from Atoms Optical Measuring. However we cannot accept cancellations of orders for the purchase of software products that have had license keys issued for them. Atomsoptical.com does not accept responsibility for loss or damage of returned goods during return transit. Atomsoptical.com strongly recommends the usage of a traceable system for the return of any item. These terms and conditions do not affect your statutory rights as a consumer.

Atomsoptical.com is the owner of designs and content of this website. They are protected by copyright and other intellectual property rights. No part of this site may be copied, reproduced, modified, distributed, displayed, posted, or transmitted without permission. All trademarks, product names, company names or logos featured on this website are the property of their respective owners.

This agreement will be governed, and constructed according, the laws of Switzerland (including its conflict of laws rules). By using the website atomsoptical.com you agree to submit to the exclusive jurisdiction of the courts of Locarno, Switzerland.

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