Terms & Conditions

OVERVIEW
This website is operated by Haremi Limited t/a 4th Arq, registered in Ireland #671758. Our registered address is UNIT C1, SANTRY BUSINESS PARK, DUBLIN 9, DUBLIN, IRELAND. Our VAT number is 3716637UH.

Throughout the site, the terms “we”, “us” and “our” refer to 4th Arq. 4th Arq offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 4th Arq, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 4th Arq and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - FAULTY ITEMS
Faulty items can be replaced within two months of purchase. Proof of purchase will need to be provided, along with evidence of fault. If you have received a faulty item, please contact customer service on help@4tharq.com with the above details.

SECTION 21 - ORDER CHANGES & CANCELLATIONS
Once an order is placed, we are unable to make any changes including size, colour and personal details etc..

You can cancel your order up to 28 days after it has been delivered, however, we're unable to stop the order being shipped. As we start processing your order as soon as it’s placed, we can’t change it or stop it at this stage.

You can refuse delivery and the order will be returned to us with no charge to you. If you accept delivery, you will need to return the order by post. We will refund the order within 10 days once the delivery has been returned. Please note, shipping costs are not refundable.

SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@4tharq.com.

SECTION 23 - AVAILABILITY

All products are subject to availability, we cannot reserve the items within your basket until payment is completed.

In the event products are unavailable they will be cancelled from your order and you will receive a refund.

Although we promote the launch time ahead of a drop or restock, please note launch times may vary due to technical reasons. We reserve the right to change launch times due to unforeseen circumstances.

We take all reasonable measures to ensure that details, measurements and descriptions of products given on this website are as accurate and complete as possible, however, in some cases there may be variations between these and the products themselves.

SECTION 24 - 4TH ARQ EMAIL SIGN UP 10% OFF

The 4TH ARQ Sign Up code of 10% off is only available to consumers who consent to receive 4TH ARQ email communications.The discount code will only be sent to consumers who register for our email newsletter with a valid email address. Please remember to check your spam/junk folder.

One discount code use per customer. The discount is only valid against full-price products and does not include delivery charges. This offer cannot be used in conjunction with any other promotions and cannot be used to purchase gift cards or clearance items. In relations to returns and refunds, please refer to our returns policy. If you tell us that you no longer want to receive emails from us, remember it can take a few days for all our systems to update so please bear with us. You may still get emails while your request is being processed. Please note that as a customer, you will still receive transactional emails such as Order Confirmations, Dispatch Notices, Review Requests, etc. as these are ‘service’ communications.

SECTION 25 - 4TH ARQ BLACK FRIDAY SALE UP TO 50% OFF

The promotion starts 12:00am Thursday 24th November 2022 and finishes on 23:59pm Monday 30th November 2022.

Receive up to 50% off selected pieces within our Black Friday collection. No discount code needed to redeem the offer. The discount is only valid against the promotion category and is subject to availability.

Returned items will be refunded at the discounted price paid on production of a valid receipt and within the returns period.

The offer cannot be used in conjunction with any other promotions and cannot be used to purchase gift cards.

Discount does not apply to website delivery charges. 4TH ARQ’s decision is final with regards to the validity of use of the offer in cases of suspected fraud.

Limited stocks only, while stocks last. We reserve the right to amend, add or remove any product or offer during the promotional campaign period. We reserve the right to correct any errors and adjust prices.

In relations to returns and refunds, please refer to our returns policy.

SECTION 26 – KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

Pay Later in 3

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

SECTION 27 - 4TH ARQ DESIGN WORKSHOP

4TH ARQ will select 20 applicants to receive an invitation to a design workshop, taking place on the 1st of April 2023 at 12.00pm. Attendee's must be aged 18+.

All applications must be submitted by 28th February 2023 at 12.00am. 4TH ARQ will notify all successful applicants by the 7th March 2023 at 12.00am.

Applicants must apply via the link provided and must successfully complete the entire form. Any entries submitted after the closing date will not be counted. By completing the form you consent to us collecting your answers. Any personal data will be destroyed post event.

Successful applicants will be given the opportunity to attend a design workshop in Dublin, Ireland. They are responsible for all travel required, alongside expenses outside of the event timeframe. 4TH ARQ reserve the right to check attendee's identification upon arrival at the event.

We will not accept any entrants that are; automatically generated by computer, completed by third parties or in bulk, illegible, have been altered, reconstructed, forged or tampered with or incomplete.

There is no limit to how many times anyone can complete the form. Although entries on behalf of another person will not be accepted and joint submissions are not allowed.

If the applicant cannot attend the event, their ticket is forfeited to 4TH ARQ, as the invitations are none transferrable.

We reserve the right to void, suspend, cancel, or withhold the invitation where it becomes necessary to do so. We will not tolerate attendees who are intoxicated or abusive, both before or throughout the event. This will result in refused entry or removal from the premises.

4TH ARQ’s decision is final with regards to the validity of the entrant, in cases of suspected fraud.

We reserve the right to amend the date, location, time or any other significant details of the event.

If there is any reason to believe that there has been a breach of these terms and conditions, we may, at our sole discretion, reserve the right to exclude you from participating in the event.

The event is free of charge to attend. By attending the event, attendees agree that there will be no payment/compensation of any kind, for attendance or for any by-products created as a result of the event. The attendee must acknowledge that all ideas shared, are the property of 4TH ARQ. 4TH ARQ has an unlimited, exclusive, royalty-free license to use/produce all research findings.

During the event, the attendee will receive information of a confidential and proprietary nature to 4TH ARQ. The attendee must acknowledge and agree that such information must be kept strictly confidential. The attendee agrees that they will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of 4TH ARQ.

By attending the event, all attendees agree to participate in video content and photography surrounding the event and allow the use of content to be shared across all 4TH ARQ digital marketing.

SECTION 28 - ROSIE CONNOLLY X 4TH ARQ X CHILDREN’S HEALTH FOUNDATION

To enter the competition entrants must; donate a minimum of €5 to the Children’s Health Foundation via this link: https://www.justgiving.com/page/4tharqxchf/ (winner will need to provide proof of the donation). Then comment on the competition post on @rosieconxxx Instagram page.

One winner will be selected completely and fairly at random by Wednesday 1st May 2023. The competition opens on Tuesday 28th March at 10am GMT and closes on Tuesday 4th April 2023 at 23:59 GMT.

Any entries submitted after the closing date will not be counted. The winners will be contacted privately via direct Instagram message by @4tharq or @rosieconxxx within 7 days of the closing date and given details on how to accept the prize (please do not reply or give personal details to ANY Instagram account that is NOT the @4tharq account! We will contact you directly if you have won). Entrants must have internet access and an open Instagram account (i.e. not set to a 'private' account) UK and EU entries only. Aged 18+ at the time of entry.

There is no limit to how many times anyone can enter the competition. Although entries on behalf of another person will not be accepted and joint submissions are not allowed.
The prize will be in the form of €1500 travel voucher (head to airline of choice website for T&C’s) €500 cash spending money and Louis Vuitton Neverfull bag.

Failure by the winners to accept the prize in the manner specified within 21 days of notification will make any claim invalid and we reserve the right to select another winner (again selected randomly in a draw) from all remaining eligible entries. Please allow up to 60 days for delivery of the prize.

There is no alternative for the prize and the prize is not negotiable or transferable. We reserve the right to replace the prize with an alternative equal prize if circumstances beyond our control makes it necessary to do so. We do not accept any responsibility if you are not able to take up the prize.

We reserve the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.

If there is any reason to believe that there has been a breach of these terms and conditions, we may, at our sole discretion, reserve the right to exclude you from participating in the competition.