TERMS AND CONDITIONS OF USE AGREEMENT
This page sets out the Terms and Conditions on which we provide our users (“you”) with access to our website https://fourelementsdesignstudio.com (which we’ll refer to as our “Website”).
INTELLECTUAL PROPERTY AND CONTENT
The contents of https://fourelementsdesignstudio.com are Copyright © Four Elements Design Studio 2019. All rights reserved.
By accessing https://fourelementsdesignstudio.com you agree to the following terms. If you do not agree to the following terms, please note that you are not allowed to use the Website.
Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents of this Website, in any form without the prior written permission is prohibited except in accordance with the following terms.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You may only link to our Website provided that you do so in a way that is fair and legal. You may not link to our Website in order to damage, take advantage of our reputation, or suggest any false form of association, endorsement or relationship between you and us. You may not “hotlink” to our Website or to any content on it, nor embed any part of this Website or any such content on any other site.
Our Website may contain links to various third party websites. We have no control over these or over any service provided by those third parties. You use them at your own risk. In particular third-party social media functions are governed by the applicable terms of the relevant social media provider (Instagram, Facebook etc).
We will then verify the registration details you submit and then create your account.
Four Elements Design Studio reserve the right to decline access to our pattern library, and it is our sole decision based on the information you provide. Our Website is designed as a platform to sell digital downloads business to business across the UK, Europe and rest of the world. We do not sell digital downloads to individuals who are not representing a business, or to individuals looking for royalty free stock images, or for individual personal use. If you have any issues with this please contact email@example.com and we will point you to other sources for this material.
Four Elements Design Studio sells surface pattern designs as digital downloads.
BUYING A DESIGN – THE ORDER PROCESS
Search the pattern library and choose the designs you would like to buy. You can also save designs to the Wishlist and add or remove these to the Shopping Cart whilst deciding.
The Four Elements Designs Studio pattern library currently sells designs on an Exclusive Licence only basis. This is to simplify our offering to buyers mainly. However, if you require a temporary or a non-exclusive licence then please contact the studio with the design details to ask if this is possible. We may grant that request and make that available to you – or we may not. This will be the decision of Four Elements Design Studio.
Most designs are sold with a variety of repeat options available and the prices for each are shown accordingly on the Website.
Designs in repeat – a pattern already put in repeat will have a single price with no other options available. – Usually 300dpi in layered PSD/ AI format.
Original Artwork Scan – an original artwork scan at 600dpi in JPG/ TIFF format. (approx 25MB)
Custom Repeats – these can be ordered for all Original Artwork Scans via the dropdown box on each product page. Please select an option – Original Artwork Scan, Mirror repeat, Full Drop or Half Drop. You can amend these requirements at any time before Checkout. You will also be asked if you have any specific repeat sizes for custom repeats, or any colour requirements. Please leave notes for this in the checkout ‘Additional notes’ field.
Mirror Repeat – 300dpi in PSD/ AI format.
Full Drop – 300dpi in PSD/ AI format.
Half Drop – 300dpi in PSD/ AI format.
If you are not sure about which repeat you require, then we recommend buying the Original Art Scan first to secure the design. (We cannot guarantee that it will be available for purchase while you go away and think about it.) Then come back to us when you know what repeat you would like and we’ll give you a quote for the additional design work. – Or you could get your own design team to modify the artwork.
Exclusive licences include the rights to modify the design. Any exclusive design sold, will be permanently removed from the Website and servers after purchase and download.
Add to Cart – Please make sure you have ordered the correct designs you require.
Checkout – Fill in the customer fields and make your up-front payment for the pattern designs.
Payment can be made in any currency and the conversion rate will be determined by one of our payment processing service providers, PayPal (Europe) S.a.r.l. or Stripe. Most major debit or credit cards e.g. Visa, MasterCard or American Express are accepted. We do not receive your credit or debit card details as all this is processed by PayPal or Stripe.
We will not have any liability to you if you are unable to purchase any design due to the unavailability of our payment processing facilities provided, or if the Website is unavailable.
Direct Bank Transfer (BACS) and Cheques are also accepted, but all payments must clear in our account before digital download links can be provided.
Once your payment has been received and your order confirmed, you will also be sent a confirmation email, from our checkout system, in addition to any third party payment method receipts.
You will be able to download your purchased design via your account, or via a link in the confirmation email straight after payment has cleared. ‘Original Artwork Scans’ and ‘Designs in Repeat’ are available to download immediately in .zip files. Access to the download will be available for at least a period of ten (10) days from the original purchase confirmation, with a maximum of 3 downloads. This is to preserve security over the exclusive designs on our server. If you miss this deadline, please let us know and we’ll reactivate a download slot for you.
Please allow 4 working days from the time of purchase confirmation for the creation of a repeat design. We will endeavour to get this to you as soon as possible within this time. An email will be sent to you when your ‘Custom Repeat’ is ready to download.
RESPONSIBILITY AND OWNERSHIP
The designs will be your responsibility from the time of purchase and delivery, and ownership of the products will pass to you when we have received full payment, and when you have download the design.
USE OF DESIGNS
You can do the following for commercial or non-commercial purposes:
Apply the design to physical products for resale with an unlimited print run, and sell or supply those products. You can apply the design to any product, including dresses, skirts, t-shirts, fabrics, posters, wallpaper, stationery, mobile phone covers, pencil cases, surfboards, and interior products, (non-exhaustive list). Use the designs for the purposes of promoting those products in any medium. Use the designs in any medium for promoting your other products and services.
You can’t use the designs for:
Use with unlawful material (such as defamatory or fraudulent material or unlawful marketing communications) or any obscene, offensive, or immoral material.
Redistribution or digital resale, even as part of a package – to be distributed or sold with other designs, on another website or from another server.
You cannot grant licences under the design to others, except as needed to print your products (e.g. to your appointed manufacturer) or to carry out your work.
INTELLECTUAL PROPERTY RIGHTS
Ownership of all intellectual property rights in the designs listed on our Website shall remain with Four Elements Design Studio at all times. When you use our Website to purchase a licence of a design, you are purchasing limited rights to use the design rather than ownership of the intellectual property rights in that design. You may not make any claim to own the intellectual property rights in the design nor claim the design as your own work
Consumers in the United Kingdom are generally entitled to certain cancellation rights in relation to contracts concluded at a distance, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 (we’ll call these together the “CRA”).
CANCELLATION AND REFUNDS
The Consumer Rights Act 2015 provides that no such cancellation rights apply in relation to digital content once it has been downloaded. You therefore acknowledge and accept that you will have no rights under the CRA to cancel any order for designs made through our Website once downloaded. Likewise, we do not offer any other right to refund. If there is an error with the digital download, it is the wrong design or, it is corrupt, then you should contact us so that we can correct the design and replace the download for you.
You agree to indemnify, defend and hold harmless Four Elements Design Studio, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Service. You also agree to provide us with all reasonable assistance and information we may request from you in order to enable us to defend and settle the claim and mitigate our (and your) liability.
We reserve the right to terminate any contract between you and us in relation to your use of this Website, and suspend or terminate your account, by written notice to you at any time. We will try to give you reasonable notice, and to exercise this right only in circumstances where this is appropriate.
Four Elements Design Studio reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services, prices, Terms and Conditions and/or any page of this Website. By continuing to use our Website you will be accepting our revised Terms and Conditions.
Despite trying to be thorough, some technical errors may still occur e.g errors in a pricing, descriptions etc. Please notify us if you spot these and we will put them right.
We will try to resolve and problems or disputes fairly and amicably when they arise. Please let us know if you have any complaints or issues and Four Elements Design Studio will do our best to resolve them. We pride ourselves on great service and happy customers.
Four Elements Design Studio will only use the information you supply through contact forms, subscription and email queries to contact you in the case you are interested in our products and services. If you wish to opt out of any other these emails please contact us at firstname.lastname@example.org
If you have any questions, comments or requests regarding the Terms and Conditions, or any concerns about any material featured on our website, please contact us at:
Four Elements Design Studio, 4 Val View, Tetchill, Shropshire, SY12 9AZ, UK
Email email@example.com or use the “contact form“ on our website.
Office Hours: 10am – 2pm Mon – Fri GMT/ BST