Terms of Use and Privacy and Cookie Policy

Terms of use

About Us

Bigatmosphere Ltd. is a company registered in England & Wales with registration number 05842452.

Registered office is 1a, High Street, Lenham, Maidstone, Kent ME17 2QD, UK.

Our VAT number is GB 921 6646 24.

Contact Details

At the address above, by telephone on +44 (0)1622 844030 or by email at info@bigatmo.com

Your use of this site

Copyright

The copyright and database rights in all content included on this site are either owned by us or licensed to us. You are allowed to download, save or print out content for the purposes of reading the content or considering any services advertised on this site. All other use of the content on this site is prohibited, including (without limitation) reproducing the content in any form for commercial purposes.

Colour Disclaimer

We make every effort to display the photographs on our web site in a way to accurately depict the true colours of our products. However, this may vary depending on your monitor, therefore, we cannot guarantee that the display of colour will be accurate.

Fair use of our site

You must not use this site in any way that interrupts, damages or impairs access to this site, or is likely (whether in itself or in combination with the activities of others) to do so; or for any fraudulent purpose, or in connection with a criminal offence or other unlawful activity.

Our rights

We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Other people’s rights

You must not use this site to transmit or upload or otherwise publish any material that is defamatory, abusive, obscene, of a harassing nature or in any other way offensive; or material that infringes anyone else’s copyright or other intellectual property rights, or that infringes any right of privacy, confidentiality or legal privilege; or material containing viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Links to our site

In creating a link to this site please indicate that Bigatmosphere Limited is the source of the information by including an acknowledgement near to/in the link. We would be grateful if you could notify us about the link. Please also ensure that we are not brought into disrepute by the creation of the link; in such cases, we will request the link’s removal (and, if necessary, may bring legal proceedings to seek its removal). Please note that we may move pages on this site or change their address without prior notice.

Our responsibility to you

Accuracy of content

We take reasonable care to ensure that the information appearing on this site is accurate and up-to-date. However, errors and omissions do occur, and you should not take the accuracy of the information for granted, but should check directly with us using the contact details provided on this site. We therefore disclaim all liability for your use of the information on this site. This does not limit or exclude your statutory rights, or your rights under our terms of business should you place an order with us.

Data protection

Please see our privacy policy for details of how we use information we hold about you.

Links to third party sites

Any links to third party websites are provided to you only as a convenience. The inclusion of any link does not imply endorsement of that website, and we are not liable for the content of any site to which we link.

Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

Any loss of goodwill or reputation; or

Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Bigatmosphere Ltd. and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

 

Privacy and Cookie Policy

We are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998, the data controller is Bigatmosphere Limited c/o 1A High Street, Lenham, Maidstone, Kent ME17 2QD.

Information we may collect from you

We may collect and process the following data about you:
· Information that you provide by filling in forms on our site www.bigatmo.com (our site). This includes information provided at the time of registering to use our site or when ordering products from our site.
· If you write to us (by letter or email), we may keep a record of that correspondence.
· If you telephone us or we telephone you, we may keep a written record of that conversation. We may also record the conversation for the purposes of training and ensuring our service standards are maintained.
· Details of transactions you carry out through our site and of the fulfilment of your orders.
· Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP addresses and cookies

We may collect information, for system administration, about your computer, including where available your IP address, operating system and browser type. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
· To estimate our audience size and usage pattern.
· To store information about your preferences, and so allow us to customise our site according to your individual interests.
· To speed up your searches.
· To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:
· To ensure that content from our site is presented in the most effective manner for you and for your computer.
· To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
· To carry out our obligations arising from any contracts entered into between you and us.
· To allow you to participate in interactive features of our site, when you choose to do so.
· To notify you about changes to our site.

Use for marketing purposes

We may also use your data to provide you with information about goods and services which may be of interest to you, and we may contact you about these by post, telephone or email. We will only do this if you indicate you wish us to do so by ticking the relevant box on the registration form or when placing an order, or by changing your preferences on your account profile.
We may also pass your details to carefully-selected third parties for marketing purposes, and those third parties may contact you by post, telephone or email. We will only do this if you indicate you wish us to do so by ticking the relevant box on the registration form or when placing an order, or by changing your preferences on your account profile.
You can change your preferences regarding our use of your data for marketing purposes at any time by logging in to your account on our site.

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
· In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
· If Bigatmosphere Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
· If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of business and other agreements; or to protect the rights, property, or safety of Bigatmosphere Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Access to information

The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be sent to us by email to info@bigatmo.com

Bigatmosphere Ltd Coupon Terms and Conditions

1. The Coupon will expire on/at the date/time as stated. If no time is stated then it will expire at 23:59 local time on the day stated. The time quoted is the time that the Order must be submitted by online and acknowledged by Bigatmosphere Ltd.

2. Coupons are redeemable only on www.bigatmo.com Web site

3. The Coupon will have % discount off stated Bigatmo brand product(s). The Coupon cannot be used against non-qualifying products.

4. Bigatmosphere Ltd reserves the right not to give coupon discount if the applicable product is not available, or not available within the promotion specification for any reason.

5. A coupon may not be used in conjunction with the purchase of products sold by or under the brands of third parties, including, but not limited to, Bigatmosphere Ltd affiliates or third-party merchants (including Web sites linked to any existing Bigatmosphere Ltd Web site).

6. The Coupon may not be used in conjunction with other coupon offers. Only one applicable coupon promotion may be used for each online order submission. Coupon cannot be combined with other promotions unless specifically stated.

7. The Coupon discount will be applied during online order process after correct submission of relevant information including completing coupon code during order process. Coupon discount will be included in price prior to submission of online order by customer. Coupon discount will not be applied to incorrectly submitted orders or requests for discount after online ordering process has been submitted by Customer.

8. A coupon cannot be applied to orders previously placed with Bigatmosphere Ltd

9. If you use this Coupon and subsequently cancel or return the order, the Coupon will no longer be valid and the respective value may not be reapplied to another order. If you return your order, the refund amount will be the purchase price paid LESS the value of the Coupon. Coupon may not be redeemed for cash and is non-transferable. Taxes, shipping, handling, and other fees are extra, vary and are not subject to discount, unless otherwise specified.

10. Pricing, specifications, availability, and terms of offer may change without notice. All orders are subject to approval, and only binding when accepted by Bigatmosphere Ltd in a written Order confirmation. Bigatmosphere Ltd is not responsible for typographical, pricing or other errors, omissions, or consequences of misuse of site and its functions.

Order and Returns Information

For all enquiries relating to your Bigatmo order our Customer Services Team can be contacted in the following ways:

By telephone on +44 (0)1622 844030

By emailing info@bigatmo.com

Change or cancel an order

If you would like to add products to your order, please place a new, separate order for these items.

To change details of your delivery address, remove items from your order or cancel it completely, please contact our Customer Services Team for advice.

If your order has already been dispatched or delivered, then you’ll need to follow our returns procedure in the event of any unwanted products. Details of this procedure are outlined below. For further information please refer to the section “Distance Selling”

There are some products that we are unable to cancel, refund or exchange, these products are outlined below. 

We can’t offer refunds or exchanges, unless faulty or not as described, on the following items:

  • products which have been personalised for you
  • made to order products
  • RX prescription orders

Shipping

Most of our orders are shipped using a trackable and/or signed for service, for example, Royal Mail Special Delivery.

We reserve the right to choose an alternative carrier to those stated at the checkout should we feel that they offer a better service for shipping of our products at that particular time.

Duty and Taxes

Please be advised that your parcel might be shipped tax free. You may, therefore, become liable for import duty, taxes and charges within the destination country. Bigatmo are not responsible for any such charges that may be applied during transit through the customs system.

Tracking your order

Once your order has been processed and dispatched, you will receive a confirmation email. Depending on the delivery service used your tracking number may also be included within this email.

Missing or damaged orders

If you have been notified that your order has been dispatched but it has not arrived within the expected time frame please contact our Customer Service Team who will advise accordingly.

Returns Procedure

We want you to be happy with your purchase. If you’re not, or you simply change your mind, you may return your sunglasses to Bigatmo for exchange or refund in accordance with our terms and conditions for returns and the Bigatmo Warranty.

It is important that any unwanted item, unless faulty, is returned in a re-saleable condition. We would expect this to mean that you’ve kept all original packaging and labels, and that the product is undamaged and unused.

When returning goods please use a trackable postal service, postal charges for items returned are at the expense of the returnee and Bigatmo do not accept any liability whatsoever for charges incurred when returning any item previously supplied by us, nor for any damage or loss in transit that may occur to an item which is being returned.

International Returns

For customers requiring a return from outside the EU it is essential that you contact us on +44 (0)1622 844030 or by email to info@bigatmo.com

We will advise of our returns procedure for your country and provide the relevant returns forms to you. It is important that these documents are completed in full to prevent any delays or charges through customs.

 

Distance Selling and Your Right to Cancel

Under the Consumer Contracts Regulations 2013, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 working days of receipt. This includes any delivery charge, but excludes the products listed as exceptions below.

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone:

  • You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
  • Your right to return products does not apply to goods made to your specification that have been clearly personalised.
  • If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
  • To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
  • You can cancel by email: info@bigatmo.com  or call +44 (0)1622 844030, or write to: Customer Services, Bigatmosphere Ltd, c/o 1A High Street, Lenham, Maidstone, Kent ME17 2QD.
  • If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation.
  • Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation. We will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply.