Terms of service

Agreeing to These Terms

These Terms of Service ("Terms") apply when you visit the Element Flows website or buy from us. Using, browsing or ordering through the site means you have read and accepted these Terms together with our Privacy Policy. If you do not agree with them, please do not use the site. They apply to everyone who uses the site, including shoppers, guests, suppliers, merchants and anyone who adds content.

Who Can Order and Account Care

You must be at least 18 years old to open an account or place an order. If you open an account, you are responsible for:

  • Keeping your login details private and secure.
  • Everything that is done through your account.
  • Telling us straight away if you believe someone has used your account without permission.

We may refuse service, close an account or cancel an order whenever we consider it necessary.

Product Information and Prices

We work hard to describe our fireplaces and water features correctly, with accurate images, specifications and prices. Even so, we cannot say that every listing, dimension, finish, color or other detail is complete and free of errors. Product pages also describe the installation needs the manufacturer sets for each piece.

  • All prices are in United States Dollars (USD) and can change without notice.
  • We may correct a pricing error at any time, even after we have received your order.
  • If a price turns out to be wrong, we contact you first so you can go ahead at the correct price or cancel.

How Orders Are Accepted

Submitting an order is an offer to buy. We decide whether to accept it and may decline or cancel an order, for example because of:

  • Limited product availability
  • A mistake in the product details or the price
  • Signs that the payment is fraudulent or unauthorized
  • An order that appears to be placed by a dealer, reseller or wholesale buyer

If we cancel your order, we tell you and refund the full amount to the payment method you used, as described in our Refund & Return Policy. The site may now and then contain typing errors, inaccuracies or omissions in product descriptions, prices, promotions, offers, shipping charges, transit times or availability. We may correct these, and change or cancel orders because of them, at any time and without advance notice.

Paying for an Order

When you place an order, the full total is authorized, and it is captured once the order has been verified. We accept American Express, Apple Pay, Diners Club, Discover, Google Pay, MasterCard, PayPal, Shop Pay and Visa. All transactions are in United States Dollars (USD), and any tax that applies is calculated and shown at checkout before you confirm. More on pricing and charges is in our Billing Terms & Conditions. By entering payment details you confirm that you are allowed to use that method and that the details are correct, and you authorize us to charge the full order total to it.

Delivery

After we accept your order, we arrange delivery to the address you give us. Delivery times, carriers, freight delivery and made-to-order lead times are explained in our Shipping Policy, which is part of these Terms. Please read it before ordering.

Returns

How returns and refunds work, how long you have and what conditions apply are set out in our Refund & Return Policy. That policy forms part of these Terms and governs every return and refund.

Rules for Using the Site

The site may be used only for lawful purposes. You agree not to:

  • Use it in a way that breaks any local, state, federal or international law or regulation.
  • Try to get into restricted parts of the site, other people's accounts or any connected system you are not allowed to access.
  • Interfere with how the site or its servers work.
  • Run bots, crawlers, scrapers or other automated tools on the site without our written permission.
  • Upload viruses, malicious code or anything else that could cause harm.
  • Collect personal information about other users.

Material You Send Us

If you send us material we asked for, such as a contest entry, or offer ideas, suggestions, plans or other content on your own initiative by form, email, post or any other means (together, "comments"), you allow us without time limit to edit, copy, publish, distribute, translate and use those comments in any medium. We are not required to keep any comment confidential, to pay for it or to reply to it. You confirm that your comments do not infringe anyone else's rights, including copyright, trademark, privacy or other personal or ownership rights, and that they contain nothing defamatory, unlawful, abusive or obscene and no virus or code that could affect the site or any related service.

Third-Party Tools

We may give you access to tools run by other companies that we do not monitor or control. They are provided "as is" and "as available", with no conditions, representations or endorsement from us. We accept no responsibility for anything arising from your use of them, and you use them at your own risk.

Site Content and Ownership

The text, graphics, logos, images, product descriptions and software on this site belong to Element Flows or to the suppliers who provide them, and they are protected by United States and international copyright, trademark and intellectual property laws. You may not copy, share, change, display in public or otherwise use any part of the site without our written permission.

Limits on Our Liability

To the fullest extent the law allows, Element Flows and its officers, directors, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages arising from:

  • Using the site or being unable to use it
  • Any product bought through the site
  • Unauthorized access to your data or changes to it
  • What any third party does or posts on the site

For any claim connected with the site or a purchase, our total liability is limited to the amount you paid for the item or items the claim concerns.

Indemnity

You agree to indemnify, defend and hold harmless Element Flows and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand made by a third party, including reasonable attorneys' fees, that arises from your breach of these Terms, your use of the site or your breach of any law or the rights of others.

Governing Law and Disputes

These Terms are governed by and interpreted under the laws of the State of New York, without regard to its conflict of law rules. Before starting any legal claim, you agree to first try to settle the matter informally by emailing support@elementflows.com, and we will make a good-faith effort to resolve it within 30 days. If that does not work, both of us agree to binding arbitration in the State of New York, except where the law does not allow it. Any dispute that is not arbitrated will be decided in the state or federal courts located in New York. You can also reach us quickly through our contact page.

Other Legal Points

If a court finds any part of these Terms unlawful, void or unenforceable, that part is treated as separate and the rest of the Terms still apply in full. The Terms remain in effect until ended by you or by us. You can end them at any time by telling us you no longer wish to use our services or by stopping use of the site. We can end or suspend your access at any time, without notice and without liability, if we decide in our sole judgment that you have broken these Terms. Provisions that by their nature should continue after termination, such as ownership, disclaimers, indemnity and liability limits, stay in effect.

These Terms, along with any policies or operating rules posted on the site or relating to the service, make up the entire agreement between you and Element Flows and replace any earlier or current agreements, communications or proposals, whether spoken or written. We may update these Terms at any time without advance notice. Updates take effect as soon as they are posted, and continuing to use the site afterwards means you accept the updated Terms.

Contact

If anything in these Terms is unclear, our FAQs and Contact Us page are the quickest places to start.

Contact Information

Store Name: Element Flows
Address: 55 Paradise Ln, Bay Shore, New York, 11706, United States
Email: support@elementflows.com
Number: +1 (929) 512-7565
Hours of Operation: Monday to Friday, 9:00 AM to 5:00 PM (EST)

We aim to respond to all inquiries within 1 to 2 business days.