TERMS OF SERVICE

OVERVIEW

All potential users of the Molten Elements website, together with prospective clients are advised to read these Terms and conditions carefully before accessing or using the website or purchasing from Molten Elements as in doing so the user and / or purchaser agrees to be bound by these Terms of Service. 

 

Access to the website or use of any services is prohibited to potential users who do not agree to all the terms and conditions. Access to the website together with all purchase and service activities offered by Molten Elements are governed by these Terms of Service precedent to Scots Law which applies to any provisions not covered herein.

All such users, visiting the website and/or purchasing from Molten Elements agree to be bound by the following terms and conditions. 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.

All users may review the current, applicable version of the Terms of Service at any time on this page. Molten Elements reserve the right to update, change or replace any part of these terms and conditions at any time. It is the user’s responsibility to check this page for changes. Continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

The Molten Elements store is hosted on Wix.com and is an online e-commerce platform that facilitates product and service sales to users. In the interests of clarity these terms and conditions extend to the store.

SECTION 1 - GENERAL

In proceeding with either the use of the website and/ or purchase from Molten Elements, the user agrees to these terms and conditions and confirms their individual competence to understand their applicability.

SECTION 2 - GENERAL OBLIGATIONS

Molten Elements have Copyright and Intellectual Property Rights of all glass art work, jewellery, photographs and website design materials which are prohibited for reproduction, display or distribution without permission.

All copyright and all other intellectual property rights in all materials and/or content made available as part of use of the website shall remain at all times vested in Molten Elements. Use of this material is strictly limited as expressly authorised by Molten Elements.

The material and content contained within the Website is made available for personal non-commercial use only and may only be downloaded for personal use. Copying or reproduction in any form, transmission, publishing, display, distribution, or commercial exploitation (including creation of derivative works) of such material and content is strictly prohibited. 

 

Molten Elements reserves the right to refuse service to anyone for any reason at any time.
 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Molten Elements do not warrant the accuracy or completeness of information made available on the website. Any material on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. No user should rely entirely upon the material contained on the website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Any pricing information for Molten Element’s products or services contained within the website is indicative and does not constitute an offer. Products and prices are subject to change and Molten Elements reserves the right to modify or discontinue any element of the website display, product or service description at any time.
Molten Elements shall not be liable for any modification, price change, suspension or discontinuance of the Service nor for any continuing promissory obligation created by the user.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

All products or services displayed in or available through the website may have limited quantities and are subject to return or exchange strictly in accordance with the Returns, Exchanges and Refunds section of these terms and conditions.
Whilst strenuous efforts have been made by Molten Elements to display the colours and images of products as accurately as possible no warranty as to the accuracy of user’s electronic rendering can be made.

 

Molten Element’s available items and individual commissions are made by hand and variations in size, shape, colour and pattern are likely to occur due to the nature of the craft involved. Molten Elements do not consider occasional bubbles or marks in or on the item to be flaws nor defects and the user / purchaser should consider such variations part of the unique quality of the handcrafted item(s). 
 

Molten Elements reserve the rights to:

• refuse and/ or cancel any order,

•  limit the sales of products or services to any person, geographic region or jurisdiction,

• limit the quantities of any products or services offered,

• discontinue any product at any time,

• cancel any order where user / purchaser questions the quality of any products, services, information, 

• cancel any order where a user / purchaser is not satisfied for any other reason.

• offer a refund in lieu of correction / rectification of perceived error(s) in the item,

• to terminate use of the Service or any related website for violating any of the prohibited uses listed herein (at Section 11).

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

Users / purchasers agree to provide current, complete and accurate purchase and account information for all purchases. In the event of change the user / purchaser is responsible for promptly notifying Molten Elements. This includes but is not limited to email address, credit card numbers and expiration dates etc. which are material to the completion of individual orders.

SECTION 7 - OPTIONAL TOOLS

In the event that Molten Elements suggest access to or facilitates access to third-party tools the user acknowledges and agrees that access to such tools is provided on an ”as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. Molten Elements shall have no liability whatsoever arising from or relating to user use of optional third-party tools.
Such use of optional tools inferred or offered through the website or via communication with Molten Elements is entirely at the risk of the user. The user should familiarise themselves with any applicable third-party providers’ terms and conditions. 

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Molten Elements are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments made by users / purchasers.
Molten Elements have no obligation to monitor, edit or remove content provided by users / purchasers that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
The user / purchaser warrants that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Further that comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 

Users / purchasers must not use a false e-mail address, pretend to be someone else, nor otherwise mislead Molten Elements. The user / purchaser is responsible for any comments made, together with their accuracy and Molten Elements shall not be liable for any comments posted users / purchasers.

SECTION 9 - PERSONAL INFORMATION

Molten Elements are committed to protecting and respecting the privacy of all users and use of the website, any service, or when communication occurs between Molten Elements and an individual user. Any personal data obtained may be collected and used as it might be needed for us to provide services or products. All personal information entered online will be treated securely and respectfully. Molten Elements will not share user personal data with other individuals or companies unless required by law. 

 

The user agrees to neither reproduce, duplicate, copy, sell, resell or exploit any portion of the website, website data, purchase or service provision nor any material obtained via contact with Molten Elements, without Molten Element’s express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Molten Elements shall not be responsible for information available to the user / purchaser containing typographical errors, inaccuracies or omissions whether relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability. Molten Elements shall make reasonable efforts to update the website when such errors, inaccuracies or omissions are brought to their attention.

SECTION 11 - PROHIBITED USES

In addition to specific prohibited use provisions set forth in the General items , the user is prohibited from using the site or its content: 

(a) for any unlawful purpose; 

(b) to solicit others to perform or participate in any unlawful acts; 

(c) to violate any regulations, rules, laws, or local ordinances (including those in jurisdictions outside of Molten Element’s ordinary geographic operation, applicable internationally, federally, provincially or to foreign states); 

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; 

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

(h) to collect or track the personal information of others; 

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; 

(j) for any obscene or immoral purpose; or 

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Molten Elements do not guarantee, represent or warrant that use of service will be uninterrupted, timely, secure or error-free, nor that the results that may be obtained from the use of the service will be accurate or reliable.

The user / purchaser agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice. 
The service, products and services delivered by Molten Elements are provided 'as is' and 'as available' basis, without representation or warranties of any kind, either express or implied, including, but not limited to, matters such as merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Molten Elements, their employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from service or any products provided by Molten Elements.

Neither shall Molten Elements become liable for any other claim related in any way to use of the service or any product, whether through error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 13 - INDEMNIFICATION

The user / purchaser agrees to indemnify, defend and hold harmless Molten Elements together with any affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable legal fees, made by any third-party due to, or arising out of, breach of these Terms of Service or the documents they incorporate by reference, or the user / purchaser’s violation of any law, or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either party.  The User / purchaser may terminate the Services at any time by notifying Molten Elements that the Services are no longer required, or when the user ceases use of the website.
If in our sole opinion the User fails to comply with any term or provision of these terms and conditions, Molten Elements may terminate the agreement for purchase, services and the like at any time, without notice. The Purchaser will remain liable for all amounts due up to and including the date of termination.

 
SECTION 16 - ENTIRE AGREEMENT

Failure by Molten Elements to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
These terms and conditions and any policies or restrictions imposed by Molten Elements on the website or in respect of the purchase / services constitutes the entire agreement and understanding between the parties governs the User’s rights under the agreement, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the parties (including, but not limited to, any prior versions of the terms and conditions).

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Scotland.

SECTION 18 - CHANGES TO TERMS OF SERVICE

Molten Elements reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions at any time. It is the user’s responsibility to check the website for changes. Continued use of or access to the website or the Service following change to these terms of conditions constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at enquiries@moltenelements.co.uk

SECTION 20 – RETURNS EXCHANGES AND REFUNDS
 

Notwithstanding commission items, Molten Elements will accept return of items that do not meet user expectations, if returned to Molten Elements in its original condition and within 14 working days of purchase-receipt. The user / purchaser must return the item via a delivery service that requires a signature in its original condition. Once Molten Elements have received the item (in its original condition)  Molten Elements may offer the user an alternative item or if both parties agree, a full refund of the value of the work (excluding packing and shipping) shall be arranged.