Terms and Conditions
Terms and Conditions of Use
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Element One House Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Element One House Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Element One House Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Element One House Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- print one copy of the Content
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Element One House Ltd.
You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Element One House Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Element One House Ltd is under no obligation to update information on the Website.
Whilst Element One House Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Element One House Ltd accepts no liability for any disruption or non-availability of the Website.
Element One House Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Element One House Ltd accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.
Your order will only be accepted if received from within the United Kingdom (unless previously arranged). Once you place and pay for an order with us either via the Website, by telephone or in a written way this becomes a binding contract. You will be sent an email confirmation of order. Please check this and notify us of any errors immediately.
As we are an online company we very rarely hold stock therefore we advise enquiring about availability if your order is time sensitive. In the case that goods ordered will take longer than 28 days to deliver we will obtain an approximate lead time and the customer will be given the choice to keep the item on backorder to guarantee availability when new stock arrives or obtain a full refund. Every effort is made to ensure this doesn't happen.
All special order/bespoke products must be paid for in full before manufacture commences, these products cannot be cancelled once manufacture has begun and cannot be returned/refunded for any reason (unless damaged, in this case photo evidence and full inspection will be required, in this case a replacement or exchange will be offered).
Unless stated our products are not built for commercial use, therefore any purchases made for commercial establishments are at the designers/buyers own risk.
We are entitled to refuse any order placed by you and will not be required to provide an explanation.
All prices quoted on this website are in £ Sterling. All payments are charged at the time of order and not at the time of despatch, this secures the stock with Element One House or our supplier. If for any reason we are unable to fulfil an order the customers will be notified as soon as possible.
We reserve the right to withdraw products from this Website at any time and/or remove or edit any materials or content on this Website. We will not be liable to you or any third party by reason of our withdrawing any products from this Website whether or not that product has been sold.
We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of there being such an increase in the price of goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email, telephone or post to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already despatched your order, we will not be obliged to supply products at the incorrect price or based on an incorrect description.
Payment can be made by any major credit or debit cards, PayPal, online or via telephone. We can also accept cheques, postal orders and bank transfers (these must be prearranged).
Payment will be debited immediately and cleared from your account at the time of order and before the despatch of your goods.
By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account, electronic payment account as highlighted on our website.
Title to the goods will pass to you, the buyer, on delivery of the goods. We will issue you with an electronic notification to your email address or text message to your mobile phone once the goods have been despatched.
When you pay for your order by credit or debit card, we carry out checks or 'authorisations' with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.
Ownership does not pass to the customer until all payments are made and received/cleared in full by Element One House Ltd.
Goods ordered will be delivered to the address the customer provides at the time of order.
We aim to deliver up to 14 days after your order has been processed, however all dates for delivery are estimated and may be subject to change. In this event the customer will be notified as soon as possible. Bespoke items may take up to 8 weeks to manufacture and deliver.
Boxes must be checked over at the time of delivery. If the box is damaged the customer must note this on the couriers delivery sheet when signing. All goods are checked prior to despatch and they only leave if they are in perfect condition and that is how they should arrive to the customer.
We strongly advise customers to check the goods immediately and notify us of any damages in writing (via email) within 48 hours. Claims cannot be accepted after this time.
Delivery costs start from £8.65 inc VAT. We deliver to most main land UK. If you would like to place an order from outside mainland UK then you must contact us in advance to obtain a shipping quotation. If the customer fails to do this there credit/debit card is automatically charge upon checkout; however we will be unable to fulfil the order until the delivery charge has been settled.
All goods require a signature at the time of delivery. Deliveries are made Monday to Friday (excluding Bank Holidays) between working hours. Our day to day couriers cannot specify a time of delivery. The customer will be notified of planned date of despatch, once they confirm the date is suitable we will release the goods to our couriers. Please note: Once the goods are released to the courier Element One House is not responsible for any delivery delays that may occur.
If the customer deliberately fails to take delivery of an order, then without prejudice to any other right or remedy available to Element One House we may: store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
We offer dimensions for all goods. It is the customer’s responsibility to ensure all items ordered fit through the threshold of their property, up the stairways, etc. A 25% restocking fee will be charged if any items are returned for this reason and the customer is also responsible for paying the original and return delivery cost. All orders must be paid in full prior to any goods being despatched.
If you wish to return unsuitable goods then we must be notified in writing (via email) within 7 days of the received delivery date. Any goods returned without written confirmation and acknowledgement by Element One House Ltd unfortunately cannot be accepted.
Once we are notified of a return request we will forward return instructions. Goods must be delivered back to us without fault and in original box/packaging within 7 days of your written notification to return, in order to qualify for a refund. Any items returned to us after this period cannot be refunded. Please ensure all items are packaged securely and sufficiently, in the original packaging to withstand delivery as failure to do so may result in Element One House being unable to refund for the returned items if received damaged in any way.
All items are returned will be at the customers cost. We recommend that smaller less fragile items are best sent back via post office, Parcelforce or similar courier. When returning items via these services we strongly recommend using insured registered delivery and keeping your proof of postage, as we cannot accept responsibility for lost parcels or any damages in transit when goods are being returned to us.
Arrangements for large and fragile items can be arranged by Element One House on the customer’s behalf at the customers cost. The return fees are in-line with our current outgoing delivery cost. If we arrange return collection on the customer’s behalf and the customer fails to at the premises or doesn't allow collection on the arranged day/time, a failed collection charge will be applied.
Once we receive the returned product/s within 7 days of the return request, goods are then checked over to ensure they have been returned in a good, unused condition and in the original packaging. One this is confirmed by our warehouse the appropriate refund will be processed within 14 days. If the customer fails to return goods in the original packaging this may prevent us from selling the goods on and may result in a 25% charge of the items original value.
A restocking fee of 25% may be applied. To avoid this fee we recommend ordering 1 piece as a sample to ensure that the item is suitable before ordering multiple pieces of the exact same item.
We will not refund any items that have been installed or tampered with, such as lighting. Goods must be returned to us in the original condition.
If you do decide to cancel a contract, then you must notify us in writing by sending an email to email@example.com
If the cancellation is made within 14 days of placing the order and the goods have not yet left the warehouse then no charges will apply.
If a cancellation request is made after 14 days of placing the original order and the order has already been despatched then the original delivery fee will be non-refundable and a further return fee will be charged at the same value.
Damaged or Faulty Products
Whilst we employ professional carriers, you must examine goods immediately and notify us within 48 hours of any damages or faults. We will refund the full purchase price including postage and packing of an item which is delivered if damaged or faulty (this excludes failure to follow instructions or misuse).
If you chose we will replace the item with the same or a similar product (subject to stock availability). If a product is defected or faulty, please contact us at once and no later than 48 hours of receipt, or of the fault developing and we will arrange a refund or replacement at your request.
Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return it in accordance with our returns policy as outlined.
Element One House Ltd will not be held liable for any costs such as Electrician fees, etc. that may be incurred for any reason including delivery delays, damaged deliveries or defected items. It is strongly recommend you book any tradesmen after your goods have been delivered and thoroughly checked.
Any faulty goods reported to us beyond our 7 day return policy are eligible for replacement only. In the circumstance that the goods may be discontinued a credit or refund will be offered.
Please allow up to 14 days from the date we receive a return for refunds to be processed or any replacements to be despatched. Element One House Ltd cannot be held liable for any interest charged by your bank/credit card issuer whilst awaiting a refund.
We reserve the right to refuse to issue a refund/replacement item and to recover the cost of the returns delivery from you in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear. This does not affect your statutory rights.
Element One House aim to give as accurate description as possible for all our products, however on occasion due to circumstances out of our control, manufacturers may slightly alter designs and finishes without informing us. If a description, price or dimension is incorrect due to human error we have the right to cancel any transaction without prejudice.
As many of our products are handmade dimensions may slightly vary by 1 or 2cm so it is recommended that that an extra 2cm each way is added when measuring for fitting.
Distressed lighting and furniture is deliberately imperfect, this is part of the character and it is not a manufacturing flaw. Light bulbs are not supplied with light fittings unless specified with a product listing.
Colours may slightly vary from the images shown due to individual monitor resolution and professional/studio lighting used when the images are taken. This cannot be avoided due to the nature of trading online and selling via images.
Illustrations, measurements and descriptions are approximate for guidance only and are subject to alteration and modification without prior notification. Finish indicates the colour/finish of the product and may not necessarily indicate the materials used to manufacture the product.
Element One House Ltd details
Element One House Ltd is a company incorporated in England and Wales with registered number 9226082 whose registered address is 15 Commercial Road, Paddock Wood, Kent, TN12 6EN and it operates the Website www.elementonehouse.com.
You can contact Element One House Ltd by email on firstname.lastname@example.org