Terms of service

Last updated: June 28, 2026
Applies to elementbrooklyn.com, account.elementbrooklyn.com, gallery.elementbrooklyn.com, and our related stores and services.

These Terms of Service (the “Terms”) are a legal agreement between you and Element Brooklyn LLC (“Element Brooklyn,” “we,” “us,” or “our”). They govern your access to and use of our websites, online stores, customer account portal, workshops and event pages, and the products and services we offer (together, the “Services”).

Please read these Terms carefully. By creating an account, placing an order, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services. These Terms include important provisions that affect your legal rights, including, for customers in the United States, an arbitration agreement and class action waiver in Section 30 (which you may opt out of), and, for consumers, country-specific sections (Sections 29 to 32) that contain rights you cannot waive.

How these Terms are organized

The numbered sections below apply to everyone. Because consumer laws differ by country, Sections 29 to 32 (the United States, the U.S. arbitration provisions, the United Kingdom, and Australia) provide additional or different terms for consumers in those locations. If you are a consumer in one of those locations, those country-specific terms apply to you and, to the extent of any inconsistency, override the general sections. Nothing in these Terms limits or excludes rights you have under mandatory consumer protection laws that cannot be waived.

1. Eligibility

You must be at least 18 years old (or the age of majority in your location) and able to form a binding contract to use the Services and place orders. By using the Services, you confirm that you meet these requirements. The Services are intended for personal, non-commercial use unless you have a wholesale or business account with us.

2. Your Account

Some features, including order history, subscriptions, loyalty points, referrals, and wholesale ordering, require an account, which you can create and manage through our customer account portal. You are responsible for providing accurate information, for keeping your login credentials confidential, and for all activity under your account. Please notify us promptly of any unauthorized use. We may suspend or close accounts that violate these Terms or that we reasonably believe are being used for fraud or abuse.

3. About Element Brooklyn and Local Operations

Element Brooklyn LLC operates the Services. Our U.S. mailing address is 75 Stewart Avenue, Suite 106, Brooklyn, NY 11237, United States. We sell to customers in the United States, the United Kingdom, and Australia through localized stores, with prices, currency, shipping, and availability that vary by region.

We may provide local fulfillment, returns, or customer support for United Kingdom and Australian orders through affiliated or related operations. The seller of record, local tax treatment, and fulfillment details for your order may be shown at checkout, in your order confirmation, or in other order documents.

4. Orders and How a Contract Is Formed

When you place an order, you are making an offer to buy the products in your cart subject to these Terms. We will send an acknowledgment confirming we have received your order. This acknowledgment is not acceptance of your order.

A binding contract of sale is formed only when we send you a confirmation that your order has been accepted or dispatched. We may decline or cancel an order before that point, including where a product is unavailable, where we identify a pricing or description error, where we are unable to authorize payment, where we suspect fraud or abuse, or where the order violates these Terms. If we cancel an order you have already paid for, we will refund the amount paid for the cancelled items.

5. Pricing, Taxes, Currency, and Errors

Prices are shown on our stores in the currency for your selected region and are inclusive or exclusive of taxes as indicated at checkout. The total price payable, including any unavoidable fees, is shown before you complete your order. Depending on your location and the delivery destination, you may be responsible for taxes, customs duties, or import charges, which will be identified where required.

We try to ensure prices and product information are accurate, but errors can occur. Where a product’s correct price is different from the price shown, we will contact you before dispatch and give you the option to confirm the order at the correct price or cancel it, and we are not obliged to supply the product at the incorrect price.

6. Payment

Payment is processed by our payment providers, including Shopify Payments and other processors. By submitting a payment, you authorize us and our processors to charge your chosen payment method for the order total, including taxes and shipping. You represent that you are authorized to use the payment method. We do not store full payment card numbers on our own systems.

7. Shipping, Delivery, Title, and Risk

We ship to the regions served by each of our stores using the carriers and options shown at checkout. Delivery time estimates are estimates only and are not guaranteed. We will make every reasonable effort to dispatch and deliver within the times indicated. Where required by law, if we cannot dispatch within the stated time (or within 30 days where no time is stated), we will let you know and you may cancel the affected items for a refund.

Title to the products passes to you on full payment. Risk of loss or damage passes to you when the products are delivered to you or to a person identified by you to take delivery. For consumers, your statutory rights regarding delivery, risk, and faulty or non-conforming goods are not affected by this section, as described in the country-specific sections below.

8. Returns, Refunds, and Cancellation

We want you to enjoy your purchase. We offer a 90-day return policy for eligible items, as described on the returns page of our website. This is a voluntary policy that we offer in addition to, and that does not limit or replace, your legal rights. The returns page explains which items are eligible, the condition in which items must be returned, how to start a return, and how refunds are issued.

For reasons of health and hygiene, certain opened personal care items may be subject to limits on change-of-mind returns where permitted by law. This does not affect your rights in respect of faulty, damaged, or misdescribed products. Refunds are made to your original payment method within the timeframes required by law. Country-specific cancellation and refund rights for consumers are described in the country-specific sections below.

9. Subscriptions and Automatic Renewal

We offer optional subscriptions for selected products (for example, refills delivered on a recurring schedule). If you start a subscription, the following applies in addition to the rest of these Terms.

Recurring billing: you authorize us and our payment providers to charge your payment method on a recurring basis for each delivery at the price and frequency you selected, until the subscription is cancelled.
Automatic renewal: subscriptions continue automatically at the chosen interval until you cancel. We will provide any reminders and notices required by law before a renewal or before a price change takes effect.
Price changes: we may change subscription prices on a going-forward basis, and we will give you advance notice and the opportunity to cancel before the change applies to you.
How to cancel: you can cancel or skip a subscription at any time through your account, or by contacting us, before the next billing or cut-off date. Cancellation stops future renewals. If you cancel after an order has been processed, that order will be handled under our returns policy and your statutory rights.

Where required by applicable law (including the laws of certain U.S. states such as California and New York), we obtain your affirmative consent to the subscription terms before charging you, provide a simple online method to cancel, and send renewal and price-change notices as required.

10. Loyalty Program and Referrals

Our Scent Society loyalty program and our refer-a-friend program let you earn points, rewards, and access to member benefits, including member-only products and offers. Participation is voluntary and subject to these Terms and any additional program rules published on our website.

Points have no cash value: points and rewards have no monetary value, are not property, cannot be exchanged for cash, and may expire or be forfeited as described in the program rules.
Eligibility and use: benefits are for personal use by the enrolled member and may not be sold, transferred, or combined except as we allow.
Referrals: referral rewards are available only for genuine referrals of new customers, in line with the program rules. You should only share referral invitations with people who are happy to hear from you.
Changes and abuse: we may modify, suspend, or end the programs, or any member’s participation, including where we reasonably believe the programs are being misused or where rewards are obtained through fraud, error, or activity that breaches these Terms. We will not reduce rights you have already validly earned in a way the law does not permit.

11. Promotions, Gifts, and Discount Codes

From time to time we run promotions, gift-with-purchase offers, giveaways, and discount codes. These are subject to any specific terms we publish for them, may be limited in time and quantity, may not be combined unless we say so, have no cash value, and may be withdrawn or amended where reasonable. Discount codes are for personal use and may be void if resold or used in breach of their terms. If a specific promotional term conflicts with these Terms, the promotional term controls for that offer.

12. Gift Cards and Store Credit

If we offer gift cards or store credit, additional terms may apply and will be presented when you buy or redeem them. Unless required by law, gift cards and store credit are not redeemable for cash, may not be reloaded except as we state, and we are not responsible for lost or stolen cards. Any expiry dates, fees, and other conditions will comply with applicable law, including consumer and state laws that restrict gift card expiry and fees.

13. Wholesale and Business Orders

Wholesale, hospitality, trade, bulk, and stockist orders, and other business-to-business arrangements, may be subject to separate written terms covering matters such as minimum quantities, pricing, payment terms, lead times, returns, resale conditions, and brand guidelines. Where separate business terms apply and conflict with these Terms, the separate terms control for that order or relationship. The consumer-specific sections of these Terms are intended for consumers and may not apply to business customers.

14. Product Information and Safe Use

We take care to describe our products accurately. Colors, fragrances, and finishes are described as accurately as possible, but on-screen images and written descriptions are approximations, and natural variation can occur. Fragrance is subjective, and scent experiences vary from person to person.

Our fragrance and personal care products are intended to be used as directed on the product, packaging, or our website. Please read and follow the usage and any allergen or ingredient information provided, carry out a patch test where recommended, discontinue use if irritation occurs, and keep products away from children, eyes, and flames as applicable. Our products and any wellness or scent-related content we provide are not medical advice and are not intended to diagnose, treat, or prevent any condition. If you have a known sensitivity or a medical concern, consult a qualified professional. When refilling, follow the refill and compatibility instructions we provide.

15. Reviews and User Content

We welcome honest reviews and other content you choose to submit, such as ratings, photos, and comments (“User Content”). You keep ownership of your User Content. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, host, store, reproduce, adapt, publish, and display it in connection with operating and promoting the Services. You can ask us to remove your reviews, and we may decline or remove User Content at our discretion.

You agree that your User Content is your own, is accurate, and does not infringe anyone’s rights or break the law. We value honest feedback and do not prohibit or penalize lawful reviews, and we do not publish fake or misleading reviews or undisclosed incentivized reviews. If we ever provide an incentive in exchange for a review, we will require that it be honest and that the incentive be disclosed.

You will not submit content that is false, misleading, defamatory, obscene, harassing, hateful, or unlawful;
You will not impersonate others or misrepresent your connection to any product or brand;
You will not include other people’s personal information without their permission.

16. Comparative References and Third-Party Trademarks (“Compare to”)

Independent products; no affiliation. Element Brooklyn products are independently created. They are not the original products of, and are not affiliated with, authorized, endorsed, sponsored by, or otherwise connected to, the third-party brands referenced on our Services. They are not replicas, counterfeits, or refills of any other brand’s products.

Throughout our Services we use “compare to,” “inspired by,” and similar comparative references (for example, “compare to” or “inspired by” a named fragrance) to help customers identify products with a comparable scent profile. All third-party names, brands, trademarks, and product names referenced on our Services are the property of their respective owners. We use them only to truthfully describe and compare the character of a fragrance and to identify the product to which we are comparing our own. This is a form of comparative and nominative reference and does not imply any association with or approval by the trademark owner.

Comparisons are of scent character and are our opinion: a “compare to” or “inspired by” reference reflects our good-faith opinion that our product shares scent characteristics with the referenced product. It is not a statement that the products are identical or that they share the same ingredients, formulation, performance, quality, or packaging. Fragrance perception is subjective and individual results vary.
Price comparisons: where we show a comparison to a “traditional retail price,” it is provided to help you compare value on a like-for-like basis (for example, normalized to a comparable volume) and is an estimate for comparison purposes. It is not a representation of any other brand’s current price, and other brands’ prices are set by them and may differ.
Our products stand on their own: we make no claim to any other brand’s goodwill. Any reference to another brand is solely descriptive.

This clause is in addition to any disclaimer shown elsewhere on our Services, including on product pages and in our site footer.

17. Our Intellectual Property

The Services and their content, including text, graphics, logos, images, product names, designs, and the “Element Brooklyn” name and marks, are owned by or licensed to us and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, scrape, or commercially exploit our content without our prior written permission, except as the Services allow or the law permits. All third-party trademarks remain the property of their respective owners.

18. Acceptable Use

You agree to use the Services lawfully and not to:

Break any applicable law or these Terms, or infringe anyone’s rights;
Interfere with or disrupt the Services, or attempt to gain unauthorized access to any systems or accounts;
Use automated means to scrape, harvest, or collect data from the Services except as expressly permitted;
Introduce malware or engage in fraudulent, deceptive, or abusive activity, including resale or purchasing arrangements that breach these Terms;
Misuse promotions, discount codes, loyalty points, or referrals.

We may investigate and take appropriate action, including suspending access, cancelling orders, and reporting to authorities, for conduct that we reasonably believe violates these Terms or the law.

19. Accessibility

We want our Services to be accessible to as many people as possible and work to improve their accessibility on an ongoing basis. If you have difficulty accessing any part of our Services, or need assistance with product information, our policies, or an order, please contact us at [email protected] or using the details in Section 33. Letting us know the issue and any assistive technology you use helps us assist you and continue to improve.

20. Third-Party Sites and Services

The Services may link to or rely on third-party websites and services that we do not control, including social media platforms and the sites of payment, shipping, and advertising partners. We are not responsible for their content, products, or practices, and your use of them is at your own risk and subject to their terms.

21. Disclaimers

Except as expressly stated in these Terms and to the fullest extent permitted by law, the Services and products are provided on an “as is” and “as available” basis, and we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free.

Consumers. Nothing in this section or these Terms excludes or limits any guarantee, warranty, right, or remedy you have under mandatory consumer protection law that cannot be excluded or limited. Your statutory rights as a consumer are described in the country-specific sections below and take precedence over this section.

22. Limitation of Liability

To the fullest extent permitted by law, Element Brooklyn and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Services or any product, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total liability arising out of or relating to the Services or any product will not exceed the greater of the amount you paid to us for the product or order giving rise to the claim, or US$100 (or the equivalent in your local currency).

Consumers. This section does not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. It also does not exclude or limit the rights and remedies you have under mandatory consumer protection law, including the consumer guarantees described in the Australia section and the rights described in the United Kingdom section.

23. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Element Brooklyn from third-party claims, losses, and reasonable expenses arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right. This section does not apply to the extent a loss results from our own breach or fault, and it does not limit your statutory rights as a consumer.

24. Privacy

Our Privacy Policy explains how we collect and use personal information and forms part of your agreement with us. Please review it to understand our practices.

25. Suspension and Termination

We may suspend, restrict, or end your access to the Services or your account, cancel orders, or withdraw access to programs, if we reasonably believe you have breached these Terms, used the Services unlawfully or fraudulently, abused promotions, returns, or programs, or created risk or liability for us or others. Where these Terms end, the provisions that by their nature should continue will survive, including those on intellectual property, payment obligations, the user content license, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution. Ending these Terms does not affect any rights or obligations that arose beforehand, and does not affect your statutory rights as a consumer.

26. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date and, where the changes are material, take reasonable steps to notify you. Changes apply going forward and do not affect orders already accepted. Your continued use of the Services after the changes take effect means you accept the updated Terms. If you do not agree, you should stop using the Services.

27. General

Entire agreement: these Terms, the Privacy Policy, and any policies or program rules referenced here are the entire agreement between you and us regarding the Services and supersede prior agreements on the subject.
Severability: if any provision is found unenforceable, the remaining provisions stay in effect.
No waiver: our failure to enforce a provision is not a waiver of it.
Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure: we are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or supply delays, severe weather, labor disputes, utility or platform outages, cyber incidents, and government actions, except to the extent applicable law requires a refund, cancellation, or other remedy.
Notices: we may provide notices to you by email or by posting on the Services.

28. Governing Law and Disputes (General)

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-laws rules, except where the country-specific sections below provide otherwise for consumers. The country-specific sections set out the governing law and the way disputes are handled for consumers in the United States, the United Kingdom, and Australia, and those sections prevail for those consumers.

If you have a problem, we encourage you to contact us first using the details in Section 33 so we can try to resolve it informally.

29. Additional Terms for United States Customers

This section applies if you are a resident of, or your order is placed from, the United States. It supplements and, where inconsistent, modifies the general sections for U.S. customers.

Consumer rights and returns

Your rights under federal and state consumer protection law are not affected by these Terms. Our 90-day return policy and any product warranties are described on our website and are offered in addition to those rights.

California users

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California’s Automatic Renewal Law applies to any subscription you start, as reflected above.

30. Arbitration Agreement and Class Action Waiver (United States)

Please read this section carefully. It applies to U.S. customers and requires most disputes to be resolved by binding individual arbitration rather than in court, and it waives the right to a jury trial and to participate in class actions. You may opt out within 30 days as described below. This section does not apply to the extent prohibited by law, and it does not limit non-waivable consumer rights.

Informal resolution first: before starting an arbitration, you agree to contact us and give us at least 30 days to resolve the dispute informally. Most concerns can be resolved this way.
Agreement to arbitrate: if we cannot resolve a dispute, you and Element Brooklyn agree to resolve any dispute arising out of or relating to these Terms or the Services through final and binding individual arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court, except as stated below. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Exceptions: either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual property misuse or unauthorized access to the Services.
Class action waiver: disputes will be arbitrated only on an individual basis. You and Element Brooklyn waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims except as expressly permitted by the coordinated-filing process below.
Coordinated or mass filings: if 25 or more similar arbitration demands are submitted by or with the help of the same or coordinated counsel, the parties agree the demands will be administered in staged batches to promote efficiency and reduce fees, with bellwether proceedings and a negotiation period, in accordance with the provider’s mass-arbitration or batching procedures where available.
Opt-out: you may opt out of this section by sending written notice within 30 days of first accepting these Terms to the contact address in Section 33, stating your name and that you opt out of arbitration. Opting out does not affect the other sections of these Terms.
Severability and survival: if the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this section continues to apply. This section survives termination of your relationship with us.

31. Additional Terms for United Kingdom Consumers

This section applies if you are a consumer (an individual buying for purposes wholly or mainly outside your trade, business, craft, or profession) in the United Kingdom. It supplements and, where inconsistent, overrides the general sections for UK consumers. Nothing in these Terms affects your statutory rights.

Who we are and how the contract is formed

We sell to UK customers through our UK store. Our business details and contact information are provided in Section 33 and on our website. A contract is formed when we confirm acceptance or dispatch of your order, as described in Section 4.

Your statutory rights (Consumer Rights Act 2015)

Under the Consumer Rights Act 2015, the goods we supply must be of satisfactory quality, fit for purpose, and as described. If goods are faulty or not as described, you have legal rights, which may include: a short-term right to reject and receive a full refund (normally within 30 days of receiving the goods); a right to a repair or replacement; and, in some cases, a right to a price reduction or a final right to reject for a refund. These rights are in addition to our voluntary returns policy.

Your right to cancel (distance selling)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you generally have the right to cancel an order within 14 days, without giving a reason, starting the day after you (or someone you nominate) receive the goods. To cancel, tell us clearly within that period using the contact details in Section 33. If you cancel, you must return the goods within 14 days, and we will refund the price and standard outbound delivery within 14 days of receiving the goods back or proof of return.

Sealed health and hygiene goods. The 14-day cancellation right does not apply to sealed goods that are not suitable for return for health protection or hygiene reasons if they become unsealed after delivery. This may apply to certain opened personal care products. This exception does not affect your rights if goods are faulty, damaged, or not as described, and our voluntary 90-day returns policy may still apply.

Faulty goods, complaints, and disputes

If something is wrong with your order, please contact us using the details in Section 33 and we will put it right in line with your legal rights. If we cannot resolve a complaint, you may be able to use an alternative dispute resolution scheme. For UK consumers, these Terms are governed by the laws of England and Wales (or the law of your part of the UK), and you may bring proceedings in the courts of your home jurisdiction. The arbitration agreement in Section 30 does not apply to you.

32. Additional Terms for Australian Consumers

This section applies if you are a consumer in Australia. It supplements and, where inconsistent, overrides the general sections for Australian consumers.

Consumer guarantees under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law or other law where doing so would be unlawful. To the extent we are permitted to limit our liability for goods or services that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability is limited, at our option, to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so (for goods), or to resupplying the services or paying the cost of resupply (for services).

We do not engage in misleading or deceptive conduct, and we aim to ensure our product information and comparisons are accurate and substantiated. For Australian consumers, these Terms are governed by the laws of New South Wales, Australia, and you may bring proceedings in the courts of your home jurisdiction. The arbitration agreement in Section 30 does not apply to you.

33. How to Contact Us

If you have questions about these Terms or need to contact us for any reason described above, please reach us at:

Element Brooklyn LLC
Email (general enquiries and legal notices): [email protected]
Mailing address: Element Brooklyn LLC, 75 Stewart Avenue, Suite 106, Brooklyn, NY 11237, USA
Website: elementbrooklyn.com