1. Status of Terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a purchaser ("you"), and those of Elemental Europe Limited ("Studio-Flash.Com", "Elemental", "we" or "us"), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for Elemental services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data"); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Elemental has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Elementals has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Studio-Flash.Com site (or any portion of it).
2. Place of performance and applicable law
Elemental Europe Ltd is a company registered in England (VAT number 923 7532 22). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Elemental makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Elemental. This contains important information such as a description, price and delivery charges of the good or services ordered. Elemental suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 Goods supplied to you by Elemental will correspond with their prices and description (subject to E & OE). If at any time this is not the case Elemental will give you the right to reject the goods within a reasonable time period for a full refund.
3.3 In the unlikely event that an incorrect price is shown on our website. Elemental reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
3.4 If you place an order in December and we cannot dispatch your product before 1st January 2010, then we will have to charge VAT at the increased rate of 17.5%. In these circumstances we will always contact you before dispatch to check that you want to go ahead with your order, if not, you are free to cancel.
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, Elemental does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods by:
- e-mailing us at firstname.lastname@example.org stating your name, a description of the goods or services concerned and the order number of the cancelled order, or
- phoning us on 0844 272 7778 (Monday to Friday from 9.30am to 5pm excluding public holidays) - please have your order reference number and delivery details to hand.
4.2 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Elemental at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
- Your product must be complete and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging).
- It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
- Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents Act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
- This offer does not apply to film, developing or printing services.
- A proof of purchase must be supplied.
- You must return any free gifts which came with the product.
- We will not refund any items that have been specially ordered to your individual specification or personalised.
- Goods returned outside the 7 days cancellation period (but within 28 days of receipt) that can not be re-sold as new will only be refunded to their mail order return value and a credit note may be issued.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
4.3 You cannot cancel your purchase when:
- the seal has been broken on any videotapes, DVDs, CDs, memory cards, or software; or
- the goods were a special order to your specification; or
- 28 days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.4 Authorising the Return
You must prior to returning any goods received, contact our Customer Services on 0844 272 7778 or e-mail us at email@example.com stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to Elemental Europe Limited, Returns Dept., Unit 9 Kinsbourne Farm, Bury End, Stagsden, Bedfordshire MK43 8TS.
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within 6 months of delivery but after the first 28 days, we will always offer a repair in the first instance. As an exception you may be offered an exchange or (full or partial) refund. After 6 months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
4.6 To qualify for a refund or exchange the products must be:
- in otherwise "as new" condition; and
- complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging and warranty).
4.7 Following us receiving your instruction to cancel your order you will be refunded within 30 days.
4.8 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.9 Any refund due to a fault or other defect within the first 6 months of purchase will include a refund of the delivery charge. We will also pay for your costs of returning the goods for replacement or refund providing you have not had the goods longer than 6 months. Outside of 6 months you will be responsible for covering the costs of returning the goods, we strongly recommend you use an insured method such as Royal Mail Special Delivery. Replacement goods are sent by standard delivery only (i.e. premium services are not available)
4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5.1 Elemental shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. Elemental will only be liable for consequential losses within the contemplation of the parties.
5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of Elemental. When you activate any of these you will leave the Studio-Flash.Com site and Elemental has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Elemental.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Elemental.
6.2 Subject to clause 6.1, you agree that Elemental shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Elemental's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Elemental has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Elemental can exclude are those arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of Elemental.
6.3.3 For any business losses, and/or losses to non-consumers.
Orders received by 12pm are normally dispatched the same day for next day delivery (weekends incur extra charge). We guarantee all orders will be received within 30 days. If Elemental cannot deliver within 30 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order.
8. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
- Online Contact Form
- Phone: 0844 272 7778
- Fax: 01234 824807
or write to:
- Elemental Europe Limited
- Unit 9 Kinsbourne Farm
- Bury End
- MK43 8TS
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Elemental or its content providers. As a visitor to the StudioFlash.Com site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Elemental's prior written consent is strictly prohibited.
10. Software - whilst we do not currently supply any software, we often advise on such matters, and therefore have incorporated this into our policy.
10.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
10.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
10.5 Software Returns - See section 4.3
11. Matters Beyond our Reasonable Control
Elemental shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
13. Competition Rules
Unless otherwise specified the following conditions apply to all competitions run from this site.
13.1 No purchase necessary
13.2 One entry per person only, no bulk or third party entries will be accepted.
13.3 Competitions are open to all UK residents except employees of The Elemental Group, including Elemental Europe Limited, Studio-Flash.com, Elemental Publishing Limited and Jelly Snakes Record Company, the companies or organisations with whom the competition is being run, their agents or anyone directly connected with the competition.
13.4 Postal entries for the competition should be sent to Elemental Europe Limited Offers, Unit 9 Kinsbourne Farm, Bury End, Stagsden, Bedfordhsire MK43 8TS. Please provide us with your name, address, telephone number and the competition you are entering. Illegible entries will be deemed void.
13.5 No responsibility can be accepted for entries lost, delayed, or have insufficient postage applied or damaged in the post. Proof of delivery will not be accepted as proof of receipt.
13.6 Prizes are as stated only and no cash alternatives will be given. However, Elemental retains the full and free right to alter prizes should circumstances change.
13.7 In the case of prize draws, winner(s) will be chosen at random from all valid entries and will be notified within four weeks of the closing date.
13.8 The name(s) of prizewinner(s) will be made available to those who send an S.A.E. to the competition entry address.
13.9 All entrants to competitions and offers are deemed to have accepted these rules and agree to co-operate in any future publicity that may arise.
13.10 The closing date for receipt of entries is as stated for each competition where applicable.
14. Gift Vouchers
14.1 Elemental Gift Vouchers supplied by this website are in £ Sterling which can be redeemed at Elemental, over the counter in our Elemental Showroom and Elemental-UK (our E-Bay shop).
14.2 Gift Vouchers cannot be exchanged for cash (cash value per voucher £0.001), replaced if lost or stolen, used as a deposit on a Finance Agreement, used as payment for repairs or to purchase Gift Vouchers. Gift Vouchers are not valid unless endorsed at the time of purchase.
14.3 Gift Vouchers can be used as payment or part-payment on any orders placed, no refund will be given if the value of the Gift Voucher has not been used in full. Gift Vouchers can only be redeemed once.
14.4 Gift Vouchers are valid for 1 year from the date of issue.
14.5 Gift Vouchers must be surrendered by posting back to Elemental or handing over at the counter for validation and redemption. Please post to Elemental Gift Voucher Redemption, Elemental Europe Limited Offers, Unit 9 Kinsbourne Farm, Bury End, Stagsden, Bedfordhsire MK43 8TS.
14.6 Gift Vouchers Gift Vouchers cannot currently be redeemed online.
14.7 Gift Vouchers will be sent to the delivery address as specified when the order is taken. Elemental Gift Vouchers will be posted free of charge using Royal Mail Recorded Delivery.
14.8 Gift Vouchers will normally be despatched within two working days unless a specified later delivery date is requested. Where possible, we will try to meet all delivery requirements but Elemental shall not be liable for any loss incurred either or indirectly by failure to meet the delivery date and time indicated at the time of the order being placed. 'Loss' in this instance includes, but is not limited to, compensation for loss of profit, damage to goodwill and any damages, charges or other expenses.
14.9 Elemental has no liability for lost, stolen or damaged vouchers once responsibility of ownership has passed to the customer at time of delivery.
14.10 Gift Voucher quantities should be checked immediately upon receipt, any discrepancies must be notified immediately by telephoning 0844 272 7778 (Monday to Friday 9.30am-5pm). Elemental cannot be held responsible for shortage or loss of any vouchers not notified to us within three days of delivery.
14.11 Cleared payment is required prior to the despatch of the Gift Vouchers. Postage Charge for sending Gift Vouchers is free however if your order includes other goods, the postage and packing fee will be adjusted according to the value, size and weight of the other goods).
14.12 Elemental Gift Vouchers which are defaced, altered or cancelled will not be accepted at Elemental (including our Showroom and Elemental-UK).
14.13 Where a refund is due on an order (partly) paid for by Gift Vouchers, the refund will be generated by Gift Vouchers to the value of the original Gift Vouchers. Please note the expiry date of the Gift Voucher(s) issued for refund purposes, will remain the same as the originally issued Gift Voucher(s).
14.14 We reserve the right to change the Terms and Conditions at any time.
Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998, solely by Elemental. Elemental does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual.
Cookies are used on this shopping site;
- To keep track of the contents of your shopping cart once you have selected an item.
- To keep track of products you have viewed to enable us to tailor advertising based on your browsing behaviour. In doing so we do not capture any personalised information that would enable us to identify the user; we only capture anonymised data. If you wish to opt out of this service please email us on firstname.lastname@example.org
If you have any concerns regarding the privacy of this site please contact us via our Online Contact Form.
We may contact you in future regarding special offers, news items etc. If you do not wish to be contacted please let us know via our Online Contact Form
The entire checkout process for the Elemental web site is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the bottom of your browsers screen you will be taken to this site's security certificate. If you have any concerns regarding the security of this site please inform us here.