Terms of service
Last Updated: August 2026
Marketplace Website Terms and Conditions
These Terms govern your use of the Elken Design website and marketplace at www.elkendesign.com (Website) and any orders, enquiries or referrals made through it. By accessing or using the Website, creating an account, submitting an enquiry or placing an Order, you agree to be bound by these Terms which form a binding contractual agreement between you, the Customer, and us, Elken Design Ltd, a company registered in England and Wales with Company Number 17121683 and registered office 50 Bolsover Street, London, England, W1W 5NG (Elken Design, we or us).
Elken Design Ltd operates an online marketplace for sustainable interior and building materials. Products available through the Website are supplied by independent third-party sellers. Elken Design does not manufacture, stock, inspect, install or deliver the Products.
Where you purchase Products through the Website, the contract for the sale and supply of those Products is intended to be between you and the relevant Seller. Elken Design operates the marketplace, facilitates the checkout process, processes or arranges payment, supports communications between you and the Seller, and may assist with returns, refunds, complaints and dispute handling.
These Terms form a contract between you and Elken Design in relation to your use of the Website and Elken Design’s marketplace services. They also set out certain terms that apply to your purchase of Products from Sellers through the Website.
Some rights in these Terms only apply where you are acting as a consumer. A consumer is an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession. If you purchase Products for business purposes, some consumer rights, including statutory cancellation rights, may not apply.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your Products, in some cases, you can change your mind and get a full refund.
Please note that the 14-day cancellation right does not apply to Products that are made to your specifications, made to measure, personalised, custom-cut, custom-coloured or otherwise clearly customised for you.
The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all Products available on the Website are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.
During the expected lifespan of your Products, if this Act applies to you, you’re entitled to the following:
- up to 30 days: if your goods are faulty, you can get a refund;
- up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
If you have any questions about this contract or any orders you have placed, please contact us by sending an email to: info@elkendesign.com
(a) Capitalised terms used but not defined elsewhere in these Terms and Conditions shall have the following meanings:
| Term | Meaning |
| Business Customer | means a Customer who is not acting as a Consumer. |
| Consumer | means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession. |
| Customer, you, or your | means the person accessing or using the Website, placing an Order, purchasing Products, submitting an enquiry or otherwise using the services made available through the Website. Where you are acting on behalf of a company, partnership, organisation or other legal entity, references to "you" and "Customer" include that entity. |
| Elken Design, we, us or our | means Elken Design Ltd, a company registered in England and Wales with company number 17121683 and registered office at 50 Bolsover Street, London, England, W1W 5NG. |
| Order | means an order for Products placed by a Customer through the Website. |
| Platform | means the online marketplace operated by Elken Design through the Website and any related digital channels operated by Elken Design. |
| Products | means the goods, materials, samples, products or other items listed or made available for purchase through the Website by Sellers. |
| Referral Services | means any introduction, referral, enquiry forwarding, recommendation or connection service provided by Elken Design through which a Customer is introduced to, or connected with, a Seller or other third-party provider for services, bespoke works, installation, design, fabrication or other projects outside the standard Website checkout process. |
| Seller | means an independent third-party supplier, brand, maker, installer, service provider or other business whose Products or services are listed, promoted, introduced or made available through the Website. Unless expressly stated otherwise, Sellers are separate legal entities from Elken Design. |
| Seller Terms | means any additional terms, policies, product-specific conditions, delivery terms, cancellation terms or bespoke-order terms of a Seller that are clearly made available to the Customer before the Customer places an Order or enters into a separate arrangement with that Seller. |
| Terms | means these Marketplace Website Terms and Conditions, as updated from time to time. |
| User | means any person who accesses or uses the Website. |
| Website | means Elken Design’s website at www.elkendesign.com and any related Shopify storefront, checkout page or digital page operated by Elken Design. |
(b) References to a contract for the sale of Products mean the contract formed between the Customer and the relevant Seller for the sale and supply of the relevant Products.
(c) References to Elken Design operating the Website or Platform include Elken Design facilitating Orders, payment processing, communications, returns, refunds, complaints, referrals and other marketplace support services, but do not mean that Elken Design is the manufacturer, owner, stockholder, installer, physical supplier or delivery provider of the Products unless expressly stated otherwise.
(d) A reference to legislation includes that legislation as amended, extended, replaced or re-enacted from time to time.
2 ELKEN DESIGN’S ROLE
(a) Elken Design operates the Website as a curated marketplace platform. Sellers are independent businesses who supply Products through the Website.
(b) Unless expressly stated otherwise:
(i) Elken Design is not the manufacturer, producer, importer, owner, stockholder, installer or physical supplier of the Products;
(ii) the relevant Seller is responsible for the sale, supply, quality, safety, conformity, delivery and performance of the Products;
(iii) Elken Design may facilitate Orders, payment processing, customer communications, returns, refunds, complaints and dispute handling; and
(iv) Elken Design may take steps on behalf of a Seller where necessary to process an Order, resolve a customer issue, comply with law, comply with payment processor requirements or protect the integrity of the Website.
(c) Nothing in these Terms excludes or limits any rights you may have under applicable consumer law.
3 CONSUMER AND BUSINESS CUSTOMERS
(a) In these Terms, a Consumer means an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession. A Business Customer means any person or organisation purchasing or using the Website for purposes relating to their trade, business, craft or profession.
(b) Some rights and protections set out in these Terms apply only to Consumers. In particular, statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and certain remedies under the Consumer Rights Act 2015 may not apply where you are acting as a Business Customer.
(c) If you place an Order or submit an enquiry on behalf of a company, partnership, organisation or other legal entity, you confirm that you have authority to act on behalf of that entity and to bind it to these Terms. In that case, references to “you” and “Customer” include that entity.
(d) Nothing in these Terms excludes or limits any rights which you have as a Consumer and which cannot be excluded or limited by law.
(e) If you are a Business Customer, you acknowledge that the Products and any referral services made available through the Website are provided for business use only, and Elken Design’s liability to you is limited as set out in the liability section of these Terms.
4 USING THE WEBSITE
(a) You may browse parts of the Website without creating an account. To access certain features, place an Order, save details, submit an enquiry or use other functionality, you may need to create an account or provide information through the Website.
(b) You must ensure that all information you provide to Elken Design through the Website is accurate, complete and up to date. This includes your name, contact details, delivery address, billing details and any information submitted as part of an Order or enquiry.
(c) You are responsible for keeping your account login details confidential. You must not allow anyone else to use your account. You must notify Elken Design promptly if you become aware of any unauthorised access to, or use of, your account.
(d) You must not use the Website:
(i) for any unlawful, fraudulent or misleading purpose;
(ii) to submit false, inaccurate or misleading information;
(iii) to interfere with, damage or disrupt the Website, its security, or any systems used to operate it;
(iv) to upload, transmit or introduce any virus, malware, harmful code or similar material;
(v) to scrape, copy, reproduce, extract, monitor or harvest data from the Website without Elken Design’s prior written consent;
(vi) to infringe the rights of Elken Design, any Seller, any Customer or any other third party;
(vii) to post or submit content that is unlawful, defamatory, abusive, discriminatory, obscene, offensive, malicious, misleading or otherwise inappropriate; or
(viii) to use the Website in a way that could damage the reputation, goodwill or operation of Elken Design, the Website or any Seller.
(e) You must not attempt to bypass the Website, avoid applicable fees or commissions, or use information obtained through the Website to arrange transactions with Sellers outside the Website, except where Elken Design has expressly permitted this or where the relevant transaction forms part of a Referral Service.
(f) Elken Design may suspend, restrict or terminate your access to the Website or your account where Elken Design reasonably considers that:
(i) you have breached these Terms;
(ii) you have provided false, inaccurate or misleading information;
(iii) your account has been used without authorisation;
(iv) your use of the Website may expose Elken Design, a Seller, another Customer or any third party to legal, regulatory, financial, security or reputational risk; or
(v) suspension, restriction or termination is reasonably necessary to protect the Website, other Users, Sellers or Elken Design’s business.
(g) Elken Design may update, change, suspend or withdraw any part of the Website at any time. Elken Design will use reasonable efforts to ensure the Website remains available, but does not guarantee that the Website will be uninterrupted, error-free or available at all times.
(a) By law, certain key information must be provided to Consumers before a legally binding contract is made. This information is provided through these Terms, the relevant Product listing, the checkout process, delivery information, cancellation and returns information, and any other information clearly displayed or made available to you before you place an Order.
(b) The key information provided to you before you place an Order forms part of the relevant contract between you and Elken Design and/or the relevant Seller, as applicable.
(c) If we have to change any key information once a legally binding contract between you and us or a Seller is made, we can only do this if you agree to it.
6 SELLERS AND PRODUCT LISTINGS
(a) Products listed on the Website are supplied by independent Sellers. Sellers are separate legal entities from Elken Design unless expressly stated otherwise.
(b) Elken Design curates the Sellers and Products made available through the Website and may review, approve, edit, suspend or remove any Seller profile, Product listing or Product information at any time.
(c) Product descriptions, images, specifications, dimensions, materials, finishes, lead times, prices, country of origin, certifications, sustainability information and other Product details may be provided by the relevant Seller. Each Seller is responsible for ensuring that all information it provides is accurate, complete, up to date, lawful and not misleading.
(d) Elken Design may carry out checks on Seller and Product information, but does not independently verify all information provided by Sellers. Elken Design is not responsible for errors, omissions or inaccuracies in Seller-provided information, except to the extent that liability cannot lawfully be excluded or limited.
(e) Product images are for illustration only. Colours, tones, patterns, textures, finishes and dimensions may vary due to screen settings, lighting, photography, manufacturing processes, natural material variation or tolerances in production.
(f) Products made from natural, recycled, reclaimed, handmade or low-impact materials may vary in colour, grain, texture, pattern, finish or appearance. Such variations are part of the nature of those Products and will not usually be treated as defects.
(g) Where Product appearance, finish, shade, texture, specification or performance is important for your project, you should request samples or further information before placing an Order.
(h) Sustainability, environmental, recycled-content, origin, ethical sourcing and other similar claims relating to Products are based on information provided by Sellers. Sellers are responsible for ensuring that such claims are accurate, clear, substantiated and not misleading.
(i) Elken Design may remove, amend or suspend any Product listing where it reasonably considers that the Product information is inaccurate, incomplete, misleading, unsupported, unlawful, inconsistent with Elken Design’s standards, or may create a legal, regulatory, safety, reputational or customer risk.
(j) Nothing in this clause affects any statutory rights you may have in relation to Products that are faulty, damaged, misdescribed, not of satisfactory quality or not fit for purpose.
7 ORDERS AND CONTRACT FORMATION
(a) When you place an Order through the Website, you are making an offer to purchase the relevant Product from the relevant Seller.
(b) Your Order is accepted when an order confirmation email confirming acceptance of the Order is sent to you. Any automatic acknowledgement of receipt of your Order does not, by itself, mean that your Order has been accepted unless it clearly states that the Order has been accepted.
(c) Once accepted, the contract for the sale and supply of the relevant Product is formed between you and the relevant Seller. Elken Design is not the seller of the Product, but Elken Design may facilitate the Order, payment, communications, returns, refunds and complaints process.
(d) If your Order contains Products from more than one Seller, each Product or group of Products supplied by a different Seller may form a separate contract with that Seller.
(e) The Seller or Elken Design acting on the Seller’s behalf may decline or cancel an Order where the Product is unavailable, the Product information or price contains an error, payment cannot be verified, delivery is not available, or the Seller is unable to fulfil the Order. If payment has already been taken, you will receive a refund.
(a) Prices for Products are displayed on the Website in pounds sterling.
(b) Unless clearly stated otherwise, Product prices shown on the Website are inclusive of VAT where VAT is applicable. Delivery charges and any other mandatory charges will be shown to you before you place your Order.
(c) Product prices are set by the relevant Seller. Elken Design may display, update or correct Product prices on the Website, including where a Seller notifies Elken Design of a change or where an obvious pricing error has occurred.
(d) The price payable for an Order is the price shown at checkout at the time you place the Order, together with any applicable delivery charges, taxes, duties or other charges clearly notified to you before you confirm the Order.
(e) Payment must be made through the payment methods made available at checkout. Payments may be processed by third-party payment providers, including Shopify Payments, Stripe or any other payment provider made available through the Website from time to time.
(f) By placing an Order, you authorise Elken Design and/or its payment providers to charge your selected payment method for the total amount payable for that Order.
(g) Elken Design may collect or arrange collection of payment in connection with Orders placed through the Website and may deduct any applicable marketplace fee, service fee, commission or other amount payable by the Seller to Elken Design under Elken Design’s separate arrangements with that Seller.
(h) Your payment obligation in respect of an Order will be treated as satisfied when cleared funds are received through the Website or the relevant payment provider. This does not affect any right to a refund, cancellation or other remedy under these Terms or applicable law.
(i) Elken Design does not store your full payment card details. Payment information is processed by the relevant third-party payment provider in accordance with that provider’s own terms and privacy notice.
(j) If a payment is declined, reversed, charged back, suspected of fraud or otherwise not completed, Elken Design or the relevant Seller may suspend, cancel or refuse to process the relevant Order.
(k) If a Product is listed at an incorrect price due to an obvious error, Elken Design or the relevant Seller may reject or cancel the relevant Order. If payment has already been taken, you will receive a refund of the amount paid for the affected Product.
(l) For deliveries outside the United Kingdom, you may be responsible for import duties, customs charges, taxes and other charges imposed by the destination country. Where Elken Design is aware that such charges may apply, relevant information will be provided before checkout. Elken Design is not responsible for delays or additional costs caused by customs processes or by your failure to pay applicable import duties, taxes or charges.
(m) Nothing in this clause affects any statutory rights you may have as a Consumer, including any right to cancel an Order or receive a refund under these Terms or applicable law.
9 DELIVERY AND FULFILMENT
(a) Products are fulfilled, packed, dispatched and delivered by or on behalf of the relevant Seller. Elken Design does not hold stock, physically inspect Products before dispatch, pack Products or deliver Products to Customers.
(b) Delivery options, estimated delivery times and delivery charges will be shown to you before you place your Order. Delivery charges and any other mandatory charges will be included or clearly identified at checkout before you confirm your Order.
(c) Where your Order contains Products from more than one Seller, the Products may be dispatched separately, from different locations, at different times and by different delivery providers.
(d) Any delivery times or dates stated on the Website, in an Order confirmation or in any other communication are estimates only, unless expressly stated to be guaranteed. The relevant Seller is responsible for dispatching and delivering the Products within the stated delivery period.
(e) Unless a different delivery period is agreed with you before you place your Order, the Seller will deliver the Products without undue delay and in any event no later than 30 days after your Order is accepted.
(f) If the Seller is unable to deliver the Products within the applicable delivery period, Elken Design or the Seller will contact you to let you know. Where required by applicable consumer law, you may be entitled to cancel the relevant Order and receive a refund.
(g) Delivery will be made to the delivery address you provide when placing your Order. You are responsible for ensuring that the delivery address and contact details you provide are accurate, complete and suitable for delivery.
(h) You must ensure that someone is available to receive the Products where a signature, access or attendance is required. If delivery fails because you provided incorrect delivery details, failed to accept delivery, failed to collect Products or failed to make suitable delivery arrangements, you may be responsible for reasonable redelivery, storage or return costs.
(i) Risk in the Products passes to you when the Products are delivered to you or to a person identified by you to receive them. Title to the Products passes in accordance with the terms applicable to the relevant Order, but will not pass before payment has been received in full.
(j) If Products are lost, damaged in transit, delivered late, delivered incorrectly or not delivered, please contact Elken Design as soon as reasonably possible using the contact details on the Website. Elken Design will liaise with the relevant Seller and/or delivery provider to assist with resolving the issue.
(k) The relevant Seller is responsible for delivery, packaging and transit issues relating to the Products, including lost, damaged or incorrectly delivered Products, except where the issue has been caused by you or by circumstances outside the Seller’s reasonable control.
(l) For deliveries outside the United Kingdom, you may be responsible for import duties, customs charges, taxes and other charges imposed by the destination country. Where Elken Design is aware that such charges may apply, relevant information will be provided before checkout. Elken Design is not responsible for delays caused by customs processes or by your failure to pay applicable import duties, taxes or charges.
(m) Nothing in this clause affects any statutory rights you may have in relation to late delivery, non-delivery, faulty Products, damaged Products or Products that are not as described.
(a) A Seller, or Elken Design acting on behalf of a Seller, may cancel an Order where the relevant Product is unavailable, the Product information or price contains an error, payment cannot be verified, delivery is not available, the Seller is unable to fulfil the Order, or cancellation is otherwise reasonably necessary.
(b) If an Order is cancelled under clause 10.1(a) after payment has been taken, you will receive a refund of the amounts paid for the cancelled Product, including any standard delivery charges paid for that Product.
(c) If your Order contains Products from more than one Seller, cancellation of one Product or one part of the Order will not automatically cancel the rest of the Order.
10.2 CANCELLATIONS BEFORE ACCEPTANCE
(a) You may cancel an Order before it has been accepted.
(b) Once an Order has been accepted, the Order becomes binding, subject to your cancellation, return and refund rights set out in this clause 10 and any rights you have under applicable law.
10.3 ORDERS THAT CAN BE CANCELLED FOR CHANGE OF MIND
(a) If you are acting as a Consumer, you may have a legal right to cancel an online Order for standard Products within 14 days after the day on which you, or a person nominated by you, receives the Products, without giving any reason.
(b) If your Order is delivered in separate instalments or includes multiple Products delivered on different days, the cancellation period will end 14 days after the day on which you, or a person nominated by you, receives the last Product or final instalment.
(c) To exercise your right to cancel, you must tell Elken Design clearly that you wish to cancel before the cancellation period expires. You can do this by emailing info@elkendesign.com with your name, Order number and the Product or Products you wish to cancel.
(d) To meet the cancellation deadline, it is enough for you to send your cancellation request before the cancellation period has expired.
(e) Elken Design may offer an extended returns policy from time to time. Any extended returns policy will be set out on the Website and will apply in addition to, and not instead of, any statutory rights you have.
10.4 ORDERS THAT CANNOT BE CANCELLED FOR CHANGE OF MIND
(a) The cancellation right in clause 10.3 does not apply to Products that are made to your specifications, made to measure, personalised, custom-cut, custom-coloured or otherwise clearly customised for you.
(b) The cancellation right in clause 10.3 also does not apply to any other Products which are excluded from cancellation rights by law, provided that the relevant exclusion applies and was made clear to you before you placed the Order.
(c) Clauses 10.4(a) and 10.4(b) do not affect your rights if Products are faulty, damaged, misdescribed, not of satisfactory quality, not fit for purpose or otherwise do not comply with applicable consumer law.
10.5 RETURNING PRODUCTS AFTER CANCELLATION
(a) If you cancel an Order after Products have been delivered, you must send the Products back to the Seller, or to any other address notified to you by Elken Design or the Seller, without undue delay and in any event within 14 days after telling Elken Design that you wish to cancel.
(b) Unless Elken Design or the Seller has agreed to pay the return costs, you are responsible for the direct cost of returning Products where you cancel because you have changed your mind, provided you were told before placing the Order that you would be responsible for those costs.
(c) You must take reasonable care of the Products while they are in your possession. You may inspect and handle the Products only to the extent reasonably necessary to establish their nature, characteristics and functioning.
(d) A deduction may be made from any refund for loss in value of the Products if that loss is caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Products.
10.6 REFUNDS FOR CANCELLED ORDERS
(a) Where you validly cancel an Order, the relevant refund will be made without undue delay and no later than 14 days after the Seller receives the returned Products or, if earlier, 14 days after you provide evidence to Elken Design or the Seller that you have sent the Products back.
(b) Where Products have not been dispatched, the refund will be made without undue delay and no later than 14 days after you tell Elken Design that you wish to cancel.
(c) Refunds will be made using the same payment method used for the original payment, unless another method is agreed with you. You will not be charged a fee for the refund.
(d) Where you cancel a whole Order, the refund will include the standard delivery charge paid for that Order. Any additional amount paid by you for enhanced, express, premium or non-standard delivery does not have to be refunded beyond the cost of the least expensive standard delivery option offered for that Order.
10.7 FAULTY, DAMAGED OR MISDESCRIBED PRODUCTS
(a) If Products are faulty, damaged, misdescribed, not of satisfactory quality or not fit for purpose, please contact Elken Design as soon as reasonably possible using the contact details on the Website and provide your Order number, a description of the issue and, where reasonable, photographs or other evidence.
(b) The relevant Seller is responsible for providing any remedy required by applicable consumer law in relation to Products it supplies, including any repair, replacement, refund or other remedy.
(c) Elken Design may facilitate communications, evidence gathering, returns, refunds, replacements or other steps between you and the Seller.
(d) If Products are returned because they are faulty, damaged, misdescribed, not of satisfactory quality or not fit for purpose, you will not be responsible for reasonable return delivery costs, unless the issue was caused by you after delivery.
10.8 ELKEN DESIGN'S ROLE IN RETURNS AND REFUNDS
(a) Elken Design may, where it reasonably considers it appropriate, process a refund, replacement, credit or other resolution through the Website or relevant payment provider, including where required to comply with applicable law, payment processor rules, these Terms, or Elken Design’s arrangements with Sellers.
(b) The relevant Seller remains responsible for the sale and supply of the Products and for complying with applicable consumer law in relation to those Products. Elken Design’s involvement in facilitating a return, refund, replacement, complaint or other resolution does not make Elken Design the manufacturer, owner, stockholder, physical supplier or delivery provider of the Products.
(c) Nothing in this clause 10 affects any statutory rights you may have as a Consumer.
10.9 CONSUMER RIGHTS
(a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this agreement. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
(i) contact us using the contact details on our site; or
(ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
(b) Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights under law.
11 REFERRAL INTRODUCTION SERVICES
(a) From time to time, Elken Design may allow you to submit an enquiry or request an introduction to a Seller, installer, maker, artisan, designer, contractor or other third-party provider in relation to bespoke works, installation, fabrication, design services, specialist services or other projects which are not purchased directly through the Website checkout.
(b) Where Elken Design provides Referral Services, Elken Design’s role is limited to introducing or connecting you with the relevant third-party provider. Unless expressly agreed otherwise in writing, Elken Design does not provide the referred services or works and is not responsible for carrying them out.
(c) Any quotation, proposal, specification, advice, contract, invoice, payment, cancellation, refund, complaint, dispute or other arrangement relating to referred services or works is between you and the relevant third-party provider.
(d) Elken Design is not responsible for the acts, omissions, advice, workmanship, qualifications, insurance, availability, suitability, pricing, performance or legal compliance of any third-party provider introduced or referred through the Website, except to the extent that liability cannot lawfully be excluded or limited.
(e) You are responsible for carrying out your own checks before instructing any third-party provider, including checking their experience, qualifications, insurance, availability, pricing, terms and suitability for your project.
(f) Elken Design may receive a referral fee, commission or other commercial benefit where an introduction or referral results in a transaction, project or other commercial arrangement between you and a third-party provider.
(g) Elken Design may facilitate communications between you and a third-party provider, but this does not make Elken Design a party to any contract between you and that provider.
(h) If you have an issue with any referred services or works, you should raise it directly with the relevant third-party provider. Elken Design may, at its discretion, assist with communications, but is not required to resolve disputes relating to referred services or works.
(i) Nothing in this clause affects any statutory rights you may have against the relevant third-party provider.
12 COMPLAINTS AND DISPUTES
(a) If you have a complaint or issue relating to an Order, Product, Seller, delivery, return, refund or referral, you should contact Elken Design in the first instance using the contact details on the Website.
(b) When contacting Elken Design, you should provide your name, Order number or enquiry reference, details of the relevant Product or Seller, a description of the issue and any supporting evidence that is reasonably available, including photographs where the issue relates to damage, defects, incorrect Products or delivery problems.
(c) Elken Design will acknowledge your complaint within a reasonable time and may request further information from you where needed to understand or assess the issue.
(d) Where your complaint relates to a Product, Order, delivery, return, refund or other matter for which a Seller is responsible, Elken Design may refer the complaint to the relevant Seller and liaise with the Seller on your behalf.
(e) The relevant Seller is responsible for resolving complaints relating to the sale, supply, quality, safety, description, delivery, return, refund or legal compliance of Products it supplies, except to the extent that Elken Design is responsible under these Terms or applicable law.
(f) Elken Design may, where it reasonably considers it appropriate, facilitate communications between you and the relevant Seller, request information or evidence from the Seller, assist with return or refund arrangements, or take other steps to help resolve the complaint.
(g) Elken Design may take action in relation to a complaint, including processing a refund, replacement, credit or other resolution, where Elken Design reasonably considers this necessary to comply with applicable law, payment processor rules, these Terms, its arrangements with Sellers, or to protect Customers, Sellers, the Website or Elken Design’s business.
(h) Where a complaint relates to Referral Services or services or works provided by a third-party provider, the relevant provider is responsible for resolving that complaint. Elken Design may, at its discretion, assist with communications, but is not required to investigate, determine or resolve disputes relating to referred services or works.
(i) Elken Design will use reasonable efforts to help facilitate resolution of complaints raised through the Website, but Elken Design does not guarantee any particular outcome where the complaint concerns a Product, Seller, third-party provider or matter outside Elken Design’s reasonable control.
(j) If a complaint cannot be resolved through Elken Design’s internal process, Elken Design may provide information about any alternative dispute resolution process or provider that may be available. Elken Design is not obliged to use a particular alternative dispute resolution provider unless required by applicable law or unless Elken Design has expressly agreed to do so.
(k) Nothing in this clause affects any statutory rights you may have as a Consumer, including rights relating to faulty, damaged, misdescribed, non-compliant or late-delivered Products.
(a) You may be able to submit reviews, ratings, comments, photographs, images, project details, feedback or other content through the Website or in connection with Products, Sellers, Referral Services or your experience with Elken Design (User Content).
(b) If you submit User Content, you must ensure that it is honest, accurate, based on your genuine experience, not misleading and not submitted for an improper purpose.
(c) You must not submit, arrange, encourage or assist with:
(i) fake reviews, ratings or testimonials;
(ii) reviews or ratings by people who have not genuinely purchased, used or experienced the relevant Product, Seller, service or provider;
(iii) reviews or ratings that conceal the fact that the reviewer received payment, a discount, free product, incentive or other benefit;
(iv) reviews or ratings intended to manipulate the reputation, ranking, visibility or rating of a Product, Seller, provider or Elken Design;
(v) defamatory, abusive, discriminatory, obscene, offensive, malicious, threatening, harassing or unlawful content;
(vi) content that infringes another person’s intellectual property rights, privacy rights or other rights; or
(vii) content that contains viruses, malware, harmful code, spam, advertising or unauthorised promotional material.
(d) If you have received any payment, discount, gift, free product, incentive or other benefit in connection with User Content, you must clearly disclose this when submitting the User Content.
(e) Elken Design may moderate, check, reject, remove, edit, disable or refuse to publish User Content where Elken Design reasonably considers that the User Content breaches these Terms, applicable law, platform rules or Elken Design’s content standards.
(f) Elken Design may also take steps to detect, prevent and remove fake, misleading or concealed incentivised reviews, including by verifying purchases, requesting evidence, restricting repeat offenders, removing suspicious content or suspending accounts.
(g) By submitting User Content, you grant Elken Design a non-exclusive, worldwide, royalty-free, non-transferable licence to use, reproduce, display, publish, edit, adapt and share that User Content, including through Elken Design’s contractors, service providers and marketing channels, for the purposes of operating, promoting, improving and marketing the Website, Elken Design, Products, Sellers and Referral Services.
(h) You confirm that you own or have the necessary rights and permissions to submit the User Content and to grant the licence in clause 13(g).
(i) You remain responsible for your User Content. Elken Design is not required to publish, maintain or store any User Content and may remove User Content at any time where it reasonably considers it appropriate to do so.
(j) Nothing in this clause requires Elken Design to publish only positive reviews or prevents Elken Design from publishing genuine negative reviews, provided they comply with these Terms and applicable law.
(k) If you believe that any User Content on the Website is fake, misleading, unlawful, infringing or otherwise inappropriate, please contact Elken Design using the contact details on the Website.
14 PRODUCT SAFETY AND RECALLS
(a) Sellers are responsible for ensuring that the Products they list and supply through the Website are safe, legally compliant, properly labelled and accompanied by any required warnings, instructions, safety information or compliance documentation.
(b) Elken Design is not the manufacturer, importer, owner, stockholder, installer or physical supplier of Products unless expressly stated otherwise. The relevant Seller is responsible for any Product safety issue, defect, warning, corrective action, recall or regulatory matter relating to Products it supplies.
(c) If Elken Design becomes aware of a potential Product safety issue, defect, recall, regulatory notice or other concern relating to a Product, Elken Design may take any steps it reasonably considers appropriate, including:
(i) removing or suspending the relevant Product listing;
(ii) contacting affected Customers;
(iii) providing information received from the relevant Seller, manufacturer, regulator or other relevant party;
(iv) facilitating communications between Customers and the Seller;
(v) processing a refund, replacement, return or other resolution where appropriate; and
(vi) taking any other action reasonably necessary to protect Customers, comply with applicable law, comply with payment processor requirements or protect the Website.
(d) If you receive a safety notice, recall notice or other communication relating to a Product you purchased through the Website, you should follow the instructions provided and stop using the Product where instructed or where continued use may be unsafe.
(e) If you become aware of a safety issue, defect or concern relating to a Product, you should contact Elken Design as soon as possible using the contact details on the Website and provide your Order number, details of the issue and any supporting evidence that is reasonably available.
(f) Elken Design may share relevant information with the Seller, manufacturer, delivery provider, regulator or other relevant party where reasonably necessary to investigate or respond to a Product safety issue, defect, recall or regulatory matter.
(g) Nothing in this clause affects any statutory rights you may have in relation to faulty, damaged, misdescribed, unsafe or non-compliant Products.
(a) Elken Design retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website Content without prior written consent from Elken Design or as permitted by law.
(c) In this clause 15, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement worldwide.
(a) Elken Design will use reasonable efforts to keep the Website available and functioning properly, but does not guarantee that the Website will be uninterrupted, error-free or available at all times.
(b) Elken Design may suspend, restrict, update, maintain, change or withdraw any part of the Website at any time where reasonably necessary for technical, operational, legal, regulatory, security or business reasons.
(c) Elken Design is not responsible for any failure or delay in the Website caused by events outside its reasonable control, including failures of internet services, hosting providers, payment providers, Shopify, delivery providers, cyber incidents, regulatory action or force majeure events.
(d) Nothing in this clause affects any statutory rights you may have as a Consumer.
17 THIRD PARTY CONTENT
The Website may contain content provided by Sellers or other third parties. Product listings and Seller-provided information are dealt with in clause 6. Other third-party content is provided for general information only. Elken Design is not responsible for third-party content except to the extent that liability cannot lawfully be excluded or limited.
18 EDITORIAL CONTENT AND GENERAL INFORMATION
(a) The Website may include articles, journal posts, guides, product edits, recommendations, inspiration, commentary, educational content and other editorial material, including content relating to interiors, building materials, sustainability, air quality, product selection, design ideas, trends or similar topics (Editorial Content).
(b) Editorial Content is provided for general information and inspiration only. It is not intended to amount to professional, technical, building, design, environmental, health, safety, medical, legal or regulatory advice, and should not be relied on as such.
(c) You should make your own enquiries and, where appropriate, seek advice from a suitably qualified professional before relying on Editorial Content or making decisions about products, materials, installation, suitability, safety, air quality, sustainability, compliance or any building, design or renovation project.
(d) Product recommendations or references in Editorial Content do not guarantee that a Product is suitable for your particular needs, property, project, health requirements, environmental conditions or intended use. You should review the relevant Product listing, Supplier information, product instructions, safety information and any applicable Seller Terms before placing an Order.
(e) Elken Design uses reasonable efforts to ensure that Editorial Content is accurate and up to date when published, but Editorial Content may become outdated or may not reflect your specific circumstances. Elken Design may update, amend or remove Editorial Content at any time.
(f) Nothing in this clause excludes or limits any liability which cannot lawfully be excluded or limited, or any statutory rights you may have as a Consumer.
19 THIRD PARTY TERMS
(a) Payment services, delivery services and other third-party services made available through or in connection with the Website may be subject to the relevant third party’s own terms and privacy notices.
(b) A Seller’s separate terms will only apply to your Order if they are clearly made available to you before you place the Order and they do not conflict with these Terms.
(c) If there is any conflict between these Terms and any Seller terms, these Terms will apply to the extent of the conflict, unless the Seller terms give you greater rights.
(d) Nothing in this clause affects any statutory rights you may have as a Consumer.
Elken Design takes reasonable steps to operate the Website securely, but does not guarantee that the Website will be free from viruses, malware or other harmful code. You should use your own virus protection software and take reasonable precautions when accessing the Website. Elken Design is not responsible for damage to your devices or systems caused by your use of the Website, except to the extent that liability cannot lawfully be excluded or limited.
(a) Nothing in these Terms excludes or limits liability for:
(i) death or personal injury caused by negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) breach of any rights you have as a Consumer which cannot lawfully be excluded or limited; or
(iv) any other liability which cannot lawfully be excluded or limited.
(b) Elken Design is responsible for operating the Website and providing the marketplace and Referral Services described in these Terms with reasonable care and skill.
(c) Unless expressly stated otherwise, Elken Design is not the manufacturer, owner, stockholder, importer, installer, physical supplier or delivery provider of the Products. The relevant Seller is responsible for the sale and supply of the Products, including their quality, safety, conformity, description, delivery, returns, refunds, recalls and compliance with applicable law.
(d) Where a problem relates to Products supplied by a Seller, Elken Design may assist with communications, returns, refunds, complaints or dispute handling. Elken Design’s involvement in facilitating a return, refund, complaint or other resolution does not make Elken Design the seller, manufacturer, owner, stockholder, physical supplier or delivery provider of those Products.
(e) Subject to clause 21(a), Elken Design is not liable for any loss or damage arising from:
(i) the acts or omissions of any Seller or third-party provider;
(ii) the quality, safety, legality, description, suitability or availability of any Products supplied by a Seller;
(iii) delay, non-delivery, incorrect delivery or damaged delivery caused by a Seller, delivery provider or circumstances outside Elken Design’s reasonable control;
(iv) any services, works, advice, quotation or project provided by a third-party provider through Referral Services;
(v) your reliance on Editorial Content, except to the extent liability cannot lawfully be excluded or limited.or
(vi) your failure to provide accurate information, follow reasonable instructions, or comply with these Terms.
(f) Subject to clause 21(a), Elken Design’s total liability to you for losses arising from its own operation of the Website, marketplace services or Referral Services in connection with a specific Order or referral will not exceed the service fee or commission retained by Elken Design in connection with that Order or referral. Where no service fee or commission has been retained by Elken Design in connection with the relevant Order or referral, Elken Design’s total liability will be limited to £100.
(g) If you are acting as a Business Customer, Elken Design will not be liable for loss of profits, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, loss of data, business interruption, or any indirect or consequential loss.
(h) Nothing in this clause affects any statutory rights you may have as a Consumer.
(a) Elken Design will collect, use and share personal data in accordance with its Privacy Policy, available on the website.
(b) Where necessary to process an Order, arrange delivery, manage a return, handle a complaint or deal with a Product safety issue, Elken Design may share relevant personal data with the applicable Seller.
(c) Where necessary to respond to a referral enquiry, Elken Design may share relevant personal data with the applicable third-party provider.
(d) Sellers and third-party providers may act as independent controllers of personal data they receive in connection with Orders or Referral Services. They must only use that personal data for the relevant transaction, fulfilment, referral or customer service purpose unless they have another lawful basis.
(e) The Website may use cookies and similar technologies. Further information is set out in Elken Design’s Cookie Policy, available on the website.
(a) Elken Design may suspend, restrict or terminate your access to the Website or your account where Elken Design reasonably considers that:
(i) you have breached these Terms;
(ii) you have provided false, inaccurate or misleading information;
(iii) your account has been used without authorisation;
(iv) your use of the Website may expose Elken Design, a Seller, another Customer or any third party to legal, regulatory, financial, security or reputational risk; or
(v) suspension, restriction or termination is reasonably necessary to protect the Website, Customers, Sellers or Elken Design’s business.
(b) You may stop using the Website at any time. If account deletion functionality is available, you may close your account through the Website. Otherwise, you may contact Elken Design to request closure of your account.
(c) Termination or closure of your account does not affect any Order already placed, any rights or obligations that have already arisen, or any clause which is intended to continue after termination.
24 COMMUNICATION OUTSIDE THE WEBSITE
(a) You must not use information obtained through the Website to bypass the Website, avoid applicable fees or commissions, or arrange transactions with Sellers outside the Website where the transaction should properly take place through the Website.
(b) Clause 24(a) does not prevent you from communicating with a Seller where reasonably necessary in connection with an accepted Order, delivery, return, complaint, Referral Service or other arrangement expressly permitted by Elken Design.
(c) Elken Design may suspend or terminate your account if it reasonably considers that you have breached this clause.
25 NOTICES
We may contact you using the email address, postal address, telephone number or account details you provide through the Website. You should contact Elken Design using the contact details shown on the Website. You are responsible for keeping your contact details up to date.
26 GENERAL
26.1 GOVERNING LAW AND JURISDICTION
(a) These Terms and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales.
(b) If you are a Consumer, you may bring legal proceedings in the courts of England and Wales. If you live in Scotland, Northern Ireland or another country, you may also be entitled to bring proceedings in the courts of the country where you live.
(c) If you are a Business Customer, the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
26.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
26.3 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
26.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
26.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
(a) You may not assign, novate, transfer, subcontract or otherwise deal with any of your rights or obligations under these Terms without Elken Design’s prior written consent.
(b) Elken Design may assign, novate or transfer any or all of its rights and obligations under these Terms to any affiliate, group company, acquirer, purchaser of its business or assets, successor business or entity involved in a merger, reorganisation, restructuring or sale of Elken Design’s business, provided that the recipient assumes Elken Design’s obligations under these Terms.
(c) Elken Design will ensure that any assignment, novation or transfer under clause 26.6(b) does not materially reduce your rights under these Terms.
(d) Nothing in this clause affects any statutory rights you may have as a Consumer.
26.7 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
26.8 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
26.9 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to £ or GBP is to pound sterling currency unless otherwise agreed in writing.