Terms & Conditions

Terms & Conditions

This page provides you information about us and the legal terms and conditions (Terms) on which we rent any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the rental of Products by you (Contract). The Terms are only in the English language. Please read these Terms carefully and make sure that you understand them, before renting any Products from our site.

Registered members have access to the site and can rent products from 4Element with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that 4Element may provide to users from time to time on the site. We amend these Terms from time to time. Every time you wish to rent Products, please check these Terms to ensure you understand the terms which will apply at that time.

1. Information about us

1.1 We operate the website www.4element.co.uk. We are Moly Ltd, a company registered in England and Wales under company number 10706966 and with our registered office at 202 Sanctuary Court, Reardon Path, E1W 2PP London, United Kingdom.

1.2 To contact us, please see our Contact Us page.

2. Rental Products

2.1 Our service allows customers to rent the Products in accordance with these Terms. You can choose the Products to rent from our on-line selection and have them delivered to your address. The Products that have been rented must be returned on or before the return date specified in the Dispatch Confirmation.

2.2 We reserve the right to limit the number of items that you may rent at any time.

2.3 If a Product that has been rented is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined in the absolute discretion of 4Element, you agree that we will invoice you the full cost of repairing or replacing the Product as well as charge the full amount of any lost earnings or costs incurred resulting from the damage. The Product repair fee will vary depending on the specific Product and this amount will be determined by 4Element in its absolute discretion. The Product replacement fee will vary depending on the specific Product and this amount will be determined by 4Element in its absolute discretion and shall never be lower than 1000% of the rental price.

2.4 You should not under any circumstances attempt to clean or repair any of the Products yourself. If this is done, 4Element reserves the right to invoice for full or part of the replacement value of the items and charge you the full amount of any lost earnings or costs incurred as a result.

2.5 4Element reserves the right to cancel any order at any time prior to delivery to the customer. In the event an order is canceled, the funds authorized or charged are released by 4Element and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.

2.6 We reserve the right to ask for a deposit for products that a member may rent at any time and/or to require the return of any or all rented products in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you.

2.7 If a Product that has been rented is not returned, you agree that we will invoice you the replacement fee. The Product replacement fee will vary depending on the specific Product and this amount will be determined by 4Element in its absolute discretion and shall never be lower than 1000% of the rental price.

2.8 You should not under any circumstances re-rent or let someone else use the Product that you have rented from our site. If this is done, 4Element reserves the right to charge you a penalty fee in the amount determined in our sole discretion.

3. Our Products

3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colours of the Products. Your Products may vary slightly from those images.

3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

3.3 The packaging of the Products may vary from that shown on images on our site.

3.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

4. Use of our site

4.1 Your use of our site is governed by our Terms. Please take the time to read these, as they include important terms which apply to you.

4.2 Please note that before placing an order you will be asked to agree to these Terms.

4.3 Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. Początek formularzaDół formularza

5. Our customer

5.1 If you are a customer, you may only rent Products from our site if you are at least 18 years old.

5.2 As a customer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice or Trading Standards offices. Nothing in these Terms will affect these legal rights.

6. How the contract is formed between you and us

6.1 For the steps you need to take to place a rental order on our site, please see our How it Works page and our Frequently Asked Questions

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we dispatch your rented order.

7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

6.5 If we are unable to supply you with a Product for rent, for example because the Product is not currently available for rent or no longer available or because of an error in the price on our site we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Our right to vary these terms

7.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how we accept payment from you;

(b) changes in relevant laws and regulatory requirements;

(c) changes in our return/refund policy.

7.2 We may revise these Terms also in other circumstances not listed above.

7.3 Every time you order Products for rent from us, the Terms in force at that time will apply to the Contract between you and us.

7.4 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

8. Your consumer right of return and refund of a rented Product

8.1 Cancelling Rental Products

(a) To cancel a Contract for the rental of a Product please contact us in writing by no later than 6pm on the day that the Product is received by you by sending an e-mail to support@4element.co.uk You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail. You must deposit the item for return at your local post office in a provided returns bag on the next day after the receipt of the Product (unless this is a Sunday or Bank Holiday in which case the Product must be deposited at your local post office on the next working day). If this is done, the cancellation or amendment will be valid and the rental fee will be refunded to you subject to the deductions of the delivery cost incurred by us.

(b) Unless otherwise approved by us, if you do not post back any rented Product as specified in clause 8.1(a) above after notifying us of the cancellation of the Contract, we will charge 50% of the rental fee for each day it is overdue, calculated from the day after you deposited the Product at your local post office in accordance with clause 8.1(a).

(c) Unless otherwise approved by us, if the Contract is not cancelled but the rented Product is not returned by the return date specified in the Dispatch Confirmation, we will charge 50% of the rental fee for each day it is overdue. If the Product is not returned within 7 days of the date that is specified in the Dispatch Confirmation, we will charge you the remainder of the full replacement price of the Product and this will be debited from your account using the payment method you originally paid with. The Product replacement fee will vary depending on the specific Product and this amount will be determined by 4Element in its absolute discretion and shall never be lower than 1000% of the rental price.

8.2 We will process the refund due to you under this clause 8 as soon as possible after we have received the Product and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.1(a), 8.1(b) or 8.1(c). If you returned the Product to us because they were faulty or mis-described, please see clause 8.3.

8.3 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of a defective Product in full, including any applicable delivery charges.

8.4 We will refund you on the credit card or debit card or by the payment method used by you to pay.

8.5 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens Advice or Trading Standards office.

8.6 The rented Product must be returned unworn and untampered with and in the original packaging in order to obtain a full refund of the rental fee.

 

9. Delivery

9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

9.2 Delivery will be completed when we deliver the Products to the address you gave us.

9.3 Delivery takes place between 9am and 1pm and is via Royal Mail Special Delivery Guaranteed®

9.4 You should ensure that there will be someone available to sign for the delivery of the Product. If we are unable to make a delivery of a rented Product on the date specified in the Dispatch Confirmation, this day will still count as one of your rental days and you will be charged for it. In these circumstances, any requests for a refund of a rented Product will be at the sole discretion of 4Element.

9.5 The Products will be your responsibility upon our delivery to the carrier. We will send you a Dispatch Confirmation letting you know when your Product has been dispatched. Products are hired to you on the understanding that they shall be returned in an undamaged condition and that you will be responsible for any loss or damage to the goods whilst on hire.

9.6 The risk of loss for items shipped passes to you upon delivery by Royal Mail. All Royal Mail confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact 4Element immediately to place a tracer investigation with Royal Mail and to temporarily suspend the renting period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.

10. International delivery

10.1 We currently ship rental items to UK customers only.

10.2 We do not accept orders for the rental of Products from individuals outside the UK. However, if you have any questions regarding orders from outside the UK please email support@4element.co.uk and we’ll do our very best to help you.

11. Price of products and delivery charges

11.1 The prices of the Products will be updated on our site from time to time. We use our reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.4 for what happens in this event.

11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

11.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site.

11.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. How to pay

12.1 You can only pay for Products using PayPal account or a debit card or credit card through PayPal platform. We accept the following cards: Visa, Visa Debit, Maestro, MasterCard, American Express.

12.2 Payment for the Products and all applicable delivery charges is in advance.

12.3 When you rent a Product you are required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorised to use. By entering your credit/debit card details, you authorise us or our agents to bill your credit/debit card the applicable fees per-item or borrowing fees, delivery charges, any and all applicable taxes and another charges you may incur in connection with the rental of our Products. For rental Products, if the Product is not returned on the due return date specified in the Dispatch Confirmation, we will charge your credit/debit card or PayPal account for each overdue date.

12.4 In the event that we do not receive a payment from your credit/debit card provider or PayPal account or if your credit/debit card expires or is rejected, you agree to pay all amounts due on demand. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies.

12.5 You are solely responsible for any and all fees charged to your credit/debit card or PayPal account by the issuer, bank, or financial institution, including but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

13. Our liability if you are a customer

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

13.2 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the Terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

14. Events Outside Our Control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. Communications between us

15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

15.2 If you are a customer:

(a) To cancel a Contract in accordance with your legal right to do so, you must contact us in writing by sending an e-mail to support@4element.co.uk. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.

15.3 If we have to contact you or give you notice in writing, we will do so by e-mail.

16. Other important terms

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the rent of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

16.7 We will not file a copy of the Contract between us.

17. Termination

You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.