Terms of service
Terms of Service
By accessing or purchasing from Elemental Color (“we,” “us,” or “our”), you agree to be bound by the following Terms of Service. If you do not agree to these terms, please do not use our website or services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service or products without express written permission from us.
Products and Materials
Elemental Color produces and sells pigments and related materials intended for artistic, educational, and research use. Our products are not consumer safety–certified art supplies unless explicitly stated. You are responsible for determining the suitability of any product for your intended application and for following appropriate handling, storage, and safety practices.
We do not guarantee that products will be suitable for any specific purpose beyond what is described on the product page.
Batch Variability
Because our products are produced in small batches, variations in color, texture, particle size, or physical behavior may occur. Such variations are inherent to the materials and do not constitute defects unless explicitly stated otherwise.
Accuracy of Information
We make reasonable efforts to ensure that product descriptions, images, and information are accurate. However, we do not warrant that all content is error-free, complete, or current. Visual representations are illustrative and may not precisely reflect the material received.
Orders and Pricing
All prices are subject to change without notice. We reserve the right to limit or cancel quantities purchased per order, per customer, or per household. In the event of an error in pricing or product information, we reserve the right to cancel or correct the order.
Shipping and Risk of Loss
All products are shipped at the customer’s risk. Ownership and risk of loss pass to the customer upon delivery to the carrier, except where otherwise required by law.
Returns and Refunds
Returns and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms of Service by reference.
Limitation of Liability
To the maximum extent permitted by law, Elemental Color shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use of, or inability to use, our products or services, including but not limited to material failure, incompatibility, or misuse.
Indemnification
You agree to indemnify, defend, and hold harmless Elemental Color and its owners, operators, and affiliates from any claim or demand arising out of your use of our products, violation of these Terms of Service, or infringement of any law or third-party rights.
Intellectual Property
All content on this site, including text, images, logos, and product documentation, is the property of Elemental Color or its licensors and may not be used without permission.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Elemental Color operates, without regard to conflict of law principles.
Changes to Terms
We reserve the right to update or modify these Terms of Service at any time. Changes will take effect upon posting to the website. Continued use of the site constitutes acceptance of any revised terms.
Contact Information
Questions about these Terms of Service should be directed to:
patrick@exoticinorganics.com