Terms and Conditions

General

1. The owner of this web site is Fourth Element Limited whose address is Fourth Element Ltd. Water-Ma-Trout, Helston, Cornwall. TR13 0LW.

2. Your contract for purchases made through the site is with Fourth Element Ltd, and you undertake that any and all goods ordered by you are for your own use only.

3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.

4. If you order from the Fourth Element website and/or opt into communications. You agree that e-mail can be used as a long-distance means of communication.

5. No contract for the sale of any product will subsist between you and Fourth Element Ltd. unless and until Fourth Element Ltd. accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Fourth Element Ltd. sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Fourth Element Ltd. of your offer to buy goods from Fourth Element Ltd. or a third party supplier that is engaged on your behalf by Fourth Element Ltd.

6. Fourth Element Ltd. will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.

7. You undertake that all details you provide to Fourth Element Ltd. for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

8. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

9. If there are any changes to the details supplied by you it is your responsibility to inform Fourth Element Ltd. as soon as possible.

10. All purchases with the exception of videos, books and DVD’s are exchangeable or refundable if returned to Fourth Element Ltd, unworn and undamaged. Books videos and DVDs are non-exchangeable, non refundable and non-transferable.

11. You may cancel your order at any time prior to your order being processed by sending an email to cancel@fourthelement.com or by post or by telephoning 01326 241404 during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:

11.1 ending the notice of cancellation by email to cancel@fourthelement.com ensuring that you quote your name, address and order reference number; or

11.2 where you have already received the goods, returning the goods to Fourth Element Ltd. unopened together with the original invoice. Fourth Element Ltd. will refund you the purchase price of the goods. Where appropriate Fourth Element Ltd. shall refund any additional customs duties borne by you on receipt of the relevant customs receipt.

12. Once Fourth Element Ltd. receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Fourth Element Ltd. from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Fourth Element Ltd. in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Fourth Element Ltd.

13. Fourth Element Ltd. reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Fourth Element Ltd. also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.

Liability

14. This section applies only to the extent permitted by law. For the avoidance of doubt, Fourth Element Ltd. do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Fourth Element Ltd.’s negligence or wilful default, or that of Fourth Element Ltd.’s employees, agents or subcontractors or (b) fraudulent misrepresentation.

15. Fourth Element Ltd. does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

16. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

17. Fourth Element Ltd. will do its best to correct errors and omissions as quickly as practicable after being notified of them.

18. TO THE FULLEST EXTENT PERMITTED BY LAW, FOURTH ELEMENT LTD. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FOURTH ELEMENT LTD. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

19. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Fourth Element Ltd. shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Fourth Element Ltd. of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

20. You and Fourth Element Ltd. will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

21. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Fourth Element Ltd. do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Fourth Element Ltd.

22. All items in the Technical range are covered by a twelve month warranty. If your product develops a fault while under warranty, please contact Fourth Element Ltd. and return the item to us for repair or replacement.

Orders

23. Credit and Debit cards are debited on the day of shipping by Fourth Element Ltd.. All prices include sales taxes (where applicable) unless otherwise stated, and shipping will be charged as appropriate.

24. Every purchase you make shall be deemed performed in the UK. English law shall govern every aspect of contractual agreement concerning purchases made from the Site.

25. Free product promotions – One free product per customer with your online order when you spend the required amount. Valid for full price products in our Life section at life.fourthelement.com. If you return items and your order is still equal to, or greater than the stated amount, then you may keep the free gift uncharged. If your order total becomes less than that amount needed to receive the free gift, you will be required to return the free gift. Spending the required amount is compulsory to owning the free gift, so if the free gift is not returned then the value of the gift will be deducted from your card. We will contact you first, if this is the case. The relevant Coupon code must be present on the order in order to qualify for the order.

26. Fourth Element Ltd. aims to arrange shipment of all in stock items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock. Some items may be unavailable and the current stock status is approximate.

27. Our standard Returns Policy applies to all purchases from Fourth Element Ltd.

Delivery

28. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.

29. Title to any product ordered will pass to you once Fourth Element Ltd. has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.

30. If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Fourth Element Ltd. advises each customer to contact their local customs office for further information.

31. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

32. For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavour to dispatch all ‘In stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

User Generated Content

33. Fourth Element regularly seek permission to feature user generated content on our various sites and social channels. You are reading this because Fourth Element has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content by replying positively to our request, you agree to these Terms of Use.

34. You grant Fourth Element and its related companies and agents, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties. The Licensed Parties may use, display, reproduce, distribute or transmit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, image, descriptions, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

35. You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are at least 18 years of age, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

36. The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. You are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein.

37. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

38. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Fourth Element by authorising use of your User Content.

Misc

39. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

40. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

41. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

42. You may not permit, create unauthorized framing of, or deep linking to the Site or the creation of derivative works thereof from any other website under your management or control.

43. In these Terms, “Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

44. Subject to the licence granted to you to use the Site, Fourth Element Ltd. reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of fourthelement.com and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Fourth Element Ltd. and its affiliates, as appropriate.

45. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Fourth Element Ltd. tracks the electronic ‘fingerprints’ of every order placed on www.fourthelement.com to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

46. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:- (i) you fail to make any payment to us when due; (ii) you breach the terms of this Agreement (repeatedly or otherwise); (iii) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; (iv) we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

47. Fourth Element Ltd. may amend these Terms from time to time, and place the new version on the Site. When Fourth Element Ltd does so, it will mention the fact on its home page (www.fourthelement.com). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Fourth Element Ltd’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

48. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Fourth Element Ltd. and you relating to your purchase. Fourth Element Ltd. advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Fourth Element Ltd. We will store a copy of the contract entered into by you with Fourth Element Ltd. You are advised to read (and are responsible for reading) fully all information on this website.

49. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

50. These Terms are subject to the laws and exclusive jurisdiction of England and Wales.