Fourth Element Terms of Trade
Our products are sold and supplied on the following terms:
- Exclusion of conditions, warranties, etc:
(a) Our Sales & Technical Staff are available to advise buyers on how to obtain the best results with our products but we do not accept any liability or responsibility for results, nor do we undertake that any product of ours is suitable for any particular purpose even though it may be. One of our reasons for this disclaimer of liability is that we have no control over the manufacture of articles in or to which our products may be used or applied or over the conditions under which our products may be used.
(b) Any term, Condition or warranty as to the quality or fitness for any particular purpose of products or goods, weather express or implied by statute, common law or otherwise is hereby excluded.
- Delivery, transfer of property and risk:
(a) While we shall make every effort to deliver at the date and time requested we shall be under no liability in respect of failure to deliver or late delivery of goods resulting from any cause whatsoever.
(b) Where the price of the goods includes the cost of delivery to the buyer, the property in the goods and the risk shall not be deemed to pass to the buyer until the goods are delivered at the place to which the buyer has ordered the goods to be delivered, but the buyer shall be liable to pay the price of the goods and the cost of delivery not with standing the non-delivery of/or damaged to the goods or any part thereof unless:-
(i) Non receipt of the goods invoiced hereon is notified in writing both to us and to the carriers
(ii) In case of damage to the goods or partial loss or non-delivery of any part there of notice in writing is given both to us and to the carriers within 3 days of receipt of the consignment or part of the consignment
(iii) In all other cases delivery of the goods by us to a carrier shall be deemed to be delivery of the goods to the buyer and the property therein and the risk shall, upon delivery to such carrier pass to the buyer.
No claim of any kind will be considered by us unless notified to us as provided in the foregoing Conditions of Sale or, if there is no provision above for notification of the kind of claim being made, unless such is notified to us in writing within 90 days after the property in the goods has passed or is deemed to have passed to the buyer.
- Until payment in full to the Seller for the goods:
(a) The goods shall remain the property of the Seller, but risk therein and all liability to third parties in respect thereof shall pass to the Purchaser on delivery
(b) If the goods shall be processed or mixed with any other goods then the goods thereby produced (New Articles) shall be the property of the Seller either solely or, if the goods are mixed with other goods the property in which is retained by any other person or persons, jointly with such other person or persons in proportion to the cost prices to the Purchaser of the goods and other such goods, and
(c) The Purchaser may sell the goods and new articles in the normal course of business but shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of the Seller.
- The buyer hereby undertakes not to pass on these printed terms or any copy of them to any person who is or may become a purchaser of the goods the subject of these terms. Errors and omissions are subject to correction.
- Payment Terms:
Online payment to be made immediately via PayPal or direct bank transfer. Items will not be shipped until payment has been received.
8: Website Overview
This website is operated by Fourth Element. Throughout the site, the terms “we”, “us” and “our” refer to Fourth Element. Fourth Element offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Trade carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Trade. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Trade are considered an offer, acceptance is expressly limited to these Terms of Trade.
Any new features or tools which are added to the current store shall also be subject to the Terms of Trade. You can review the most current version of the Terms of Trade at any time on this page. We reserve the right to update, change or replace any part of these Terms of Trade by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted by WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- Consequential Loss:
The seller shall not be liable to the buyer for any consequential loss or damages, such as late deliveries, lost production times, quality control, productivity, storage, third party involvement etc, howsoever arising and whether in contract or tort.
10 Cancellations and Returns:
Mail order, Telephone and internet sales to individuals (not businesses) are covered by the consumer Protection (Distance Selling) Regulations 2000 (UK Law Directive 97/7/EC), which protects you by providing a 7 working day cooling off period after the day after the product has been delivered. A customer has the option to cancel any order between the time of placing it and 7 working days after delivery. Cancellations must be in writing by post or by email to email@example.com (Not to ANY other email address) and quoting the Order Number. Under the Distance Selling regulations you have the right to receive a refund within 30 days of cancellation. We normally pay refunds within 14 days of cancellation or the goods being returned safely (whichever is the later). You are advised to retain the packaging. You will find it difficult to return the item without appropriate packaging. The goods must not have been fitted, intsalled or used in any way. The goods must be unmarked and free from any blemishes of any kind, and you must return them in a saleable condition. All spare parts are non returnable and non refundable due to being a special order. The cost of returning the item to us is your responsibility.
- Our Returns Policy:
We strive to supply goods in excellent condition. Some of our products are both heavy and fragile, and need careful handling unit installed. We will repair or replace (for free) any item found defective or damaged before delivery or during uploading. This is in addition to your manufacturers guarantee. We cannot accept return of products which are damaged after delivery. If you wish to return part or all of your order please email firstname.lastname@example.org, ensuring you quote your order number and the date you received your goods. You must confirm that the goods are in the original packaging, unused in anyway and that we are able to inspect the goods before signing for them. Failure to do this will result in no return number or address being issued. Items returned to us must be sent with a required signature. All spare parts are non returnable and non refundable due to being a special order.
- Minimum Age Policy:
You must be at least 18 years of age to purchase any product from fourth-element.co.nz, your age will be verified with your bank.
13: PERSONAL INFORMATION
- Changes to Terms of Trade
You can review the most current version of the Terms of Trade at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Trade by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- Contact information
Questions about the Terms of Trade should be sent to us at email@example.com