TERMS OF SERVICE
Welcome to the Elements, Inc. e-commerce website (the “Website” “Site”).
Www.shopelementsclothing.com is an online service of Elements, Inc. (“Elements” or ”We” or ”our” or ”us”) provided solely for your personal use for the sale of clothing, accessories and other Items (“Items”).
This Site includes without limitation the collection of web pages that can be accessed via www.shopelementsclothing.com, and other online services accessible via the Website.
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However color clarity and variance will depend upon your own personal monitor and we therefore cannot guarantee that the color of the actual Item is absolutely accurate and matching your monitor.
Elements, Inc. provide this site to you and any other person or entity on whose behalf you accept these Terms (collectively “You”), subject to these Terms. These Terms are entered into by and between Elements, Inc. and You, and You accept them by:
- placing an order through this Website;
- using the Website in any other manner;
- acknowledging agreement with these Terms;
- being the eligible holder of a valid debit/credit card;
- warranting that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS CONTAINED HEREIN, DO NOT ACCESS THE WEBSITE AND LEAVE IT IMMEDIATELY. BY CONTINUING TO USE THIS WEBSITE, YOU AGREE TO COMPLY WITH, AND BE BOUND BY THESE TERMS.
If your personal information changes, then please notify us immediately by Contacting Customer Services on the following email: email@example.com
We may from time to time change these Terms at our sole discretion. By using this website after any such change(s), You agree to comply with, and be bound by, the Terms as changed.
All items are final sale. No returns or exchanges. Prices are as marked. No price adjustments. Cannot be combined with other offers, promotions or gift cards. Not redeemable for cash or credit. Discount will appear at checkout.
Discount vouchers are given to you via an online code. This code will be sent to you by e-mail or mail at the relevant time. Certain codes will appear directly in your account.
Only one voucher code is usable per order. Under no circumstances can it be converted into currency. The vouchers have an expiry date, which cannot be changed. No new voucher can be sent or given to replace an out-of-date or unused voucher.
The use of a voucher code necessarily implies that the value of the basket (before the calculation of carriage costs) is higher than the value of the voucher, except where the particular conditions of usage of said voucher specifies a minimum amount of purchase (before the calculation of carriage costs). In this case, the value of the basket (before the calculation of carriage costs) will have to be higher than the value of the minimum purchase necessary specified for the use of the discount code.
Elements, Inc. refuses to deduct from an already confirmed and paid order, the value of a discount code where the code:
- Was not entered
- Is erroneous
Use of discount codes
In order to benefit from the reduction associated with a discount code, you should click in your basket on the link "Do you have a discount code?" After selecting the code, you should click on the "Redeem" button. The discount will then be taken from the amount of the order.
Refunding of an order containing a discount code
In the event of a total cancellation of an order which has used a discount code, we will refund you the amount debited at the time of the order (minus the delivery costs in the case of returns) and will give you another discount voucher equivalent to that used at the time of order with the same validity date.
In the event of partial cancellation, we will calculate the amount to be refunded (minus the delivery costs) and take into account the eligibility of the discount voucher used on a lower amount than the initial order placed.
If the initial order would not have enabled you to use the discount code, we will refund you the value of the product minus the amount of the code, and will give you a code equivalent to that used at the time of the order with the same validity date.
LIMITATION OF LIABILITY
In no event shall Elements, Inc. be liable under contract, Tort or otherwise, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business goodwill or opportunity) arising from or in connection with the use, inability to use, or performance of the information, services, products, and Materials available from this Website, regardless of whether or not Elements, Inc. or any of its Affiliates has been advised of the possibility of such loss or damages, except where prohibited by law.
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, actions, suits, proceedings, judgements, fines, damages, losses, costs and expenses, including reasonable attorney’s fees and/or legal and settlement costs, arising in any way from and in connection with Your misuse of this Website and the Materials or Your violation of any provision of these Terms.
The Website is intended for users who are located in the United States of America. To the fullest extent permitted by applicable law, we do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Note that some of the features on the Website may be available solely to United States users, as determined in our sole discretion.
All prices are stated in US Dollars and are calculated on a weekly basis. Prices are inclusive of TAX (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges.
Payment can be made by any of the methods specified in the payment section of this Website and payment will be debited and cleared from your account prior to despatch of orders.
You must confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
SHIPPING & RETURNS
For our Shipping Terms, please click here.
For our Returns Policy, please click here.
RULES OF CONDUCT
While accessing or using the Website, the Site Content and the various other features available on the Website, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:
- impersonate any person or misinterpret your affiliation with any other person or entity;
- use, redistribute, republish or exploit any part of the Website or any Site Content for any commercial or promotional purposes, or contact any other user of the Website for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Website;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, repurpose any of the Site Content (or attempt to do any of the foregoing), including, without limitation, any trademark, trade names, logos, service marks, promotional tag lines, or any other proprietary content or proprietary rights notices included therein or thereon;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publicly available or provided for the Website;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Website, or obtaining lists of users or other information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website;
- use the Website or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support any one else’s attempt to do any of the foregoing) with the Website or its services or any software on the Website;
- upload, post, transmit, distribute or otherwise publish to, on or through the Website, any information, Content or Materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the Website or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
- or use the Website or its services (or any Site Content), in whole or in part, in violation of any applicable law.
You hereby consent to receive communication from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.
It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the Website and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Forums and on the Website in general about yourself and others, in particular, you should not disclose any sensitive, proprietary or confidential information or content in your submissions to the Forums.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from Elements, Inc. shall be submitted to confidential arbitration in [Dallas, Texas], except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the US Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the [International Chamber of Commerce]. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in [Dallas, Texas], and all applicable provisions of this section shall apply.
This Website and its contents are displayed solely for the purpose of promoting Elements, Inc. (www.shopelementsclothing.com), and its respective products and services. This site is controlled and operated by Elements, Inc., a Texas company. Elements, Inc. reserves the right to make changes to the information in this site or services described therein, at any time without notice.
Elements, Inc. may terminate this agreement at any time without notice, and deny you access to the site if you fail to comply with the provisions of this agreement.
If there is a dispute about these Terms or Your use of this Site, the laws of the State of Texas, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in Texas in the State of Texas, United States of America.
All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials (“Material”) on the Website shall be and remain the property of Elements, Inc. or its respective owners. Elements, Inc. may amend these Terms at any time by posting the amended terms on this Website.
You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by Elements, Inc. will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Elements, Inc. and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any Material posted or submitted by You. Elements, Inc. reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to Elements, Inc. on this Website or otherwise disclosed, submitted or offered in connection with Your use of this Website (collectively "Comments") shall be and remain Element’s property.
In turn, any such disclosure or submission of Comments shall constitute an assignment to Elements, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Elements, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Elements, Inc. is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.
WEBSITE USE RESTRICTIONS
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Elements, Inc., our affiliates, our partners or our licensors, and is protected by US and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Elements, Inc., our Affiliates, our licensors or our partners, in the US and other countries, and are protected by US and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. Any violation of these may result in legal action.
The Elements, Inc. products displayed on this Website have limited availability and are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Elements, Inc. at any time and without notice. Prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States. Elements, Inc. will display colors of products as accurately as possible, however Elements, Inc. cannot guarantee that Your monitor will display the correct colors. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.
Each product purchased is sold subject to its product description. 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.
Products offered for sale on this Website are for Your personal use only, not for re-sale. Elements, Inc. reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, Elements, Inc. business practices, applicable laws or policies.
Please call us if you need assistance with ordering products on this Website.
INTELLECTUAL PROPERTY RIGHTS
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Materials or the Website, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All Materials and content on this Website are the exclusive property of Elements, Inc. and protected by U.S. and international copyright laws.
DISCLAIMER OF WARRANTIES
This Website and its Material are provided “As Is” for Your use. To the extent permitted by law, this Website and its Material are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Elements, Inc. does not warrant or guarantee that all Material and products will be available at any particular time; that any defects or errors will be corrected; or that all Material is free of viruses or other harmful components. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment You use in connection with your use of this Website, and Elements, Inc. shall not be liable for any damages of any kind related to your use of this Website and the products, services and Material available from this Website. Your use of this Website and its Material is entirely at your own risk.
Elements, Inc. shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any:
- interruption of business;
- access delays or access interruptions to the Website;
- data non-delivery, mis-delivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
- computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party Websites;
- any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
- events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
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 unauthorized access to any data you provide when accessing or ordering from the Website.
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website. We will send to you an order acknowledgement e-mail detailing the products you have ordered. As your product is shipped from our warehouse we will send you a dispatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with our conditions set out below.
Non-acceptance of an order may take place in the following circumstances:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorization for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Conditions of Use.
The contract will be concluded in English.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame, link to, or utilize any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent, which may be withheld in our absolute discretion.
The limited license set forth in this section does not include the right to:
- modify or download the Website or its contents (except caching or as necessary to view content);
- make any use of the Website or its Content other than personal use;
- create any derivative work based upon either the Website or its Content;
- collect account information for the benefit of another party;
- use any meta tags or any other "hidden text" utilizing our name or the Trade Marks without our express written consent;
- or use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A Website that links to our Website may:
- link to, but not replicate, our Content;
- not imply that we are endorsing such Website or its services or products;
- not misrepresent its relationship with us;
- not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
- not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
- not use any Trade Mark without our prior written consent; and not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
THIRD PARTY LINKS
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Elements, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Elements, Inc. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Links appearing on the Website are for convenience only and are not an endorsement by us, or our Affiliates of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other Websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other Websites that you visit.
RIGHT TO MONITOR EDITORIAL CONTROL
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Elements, Inc. shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at: firstname.lastname@example.org
Copyright © 2016 Elements, Inc. All Rights Reserved