Terms of service

Overview

Welcome to Emberwood & Hearth. The terms "we," "us," and "our" refer to Emberwood & Hearth. We operate our online store and website — including all related information, content, features, tools, products, and services — to provide you with a curated shopping experience (the "Services"). Our store is powered by Shopify.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when using the Services. Please read them carefully — they include important information about warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use or access our Services.

Section 1 — Access & Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us consent to allow any minor dependents to use the Services on devices you own or manage.

To use the Services — including browsing our store or purchasing products — you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, or assign your account to any other person.

Section 2 — Our Products

We take care to represent our products accurately, including photographs, descriptions, and scent profiles. However, colors and product appearance may differ from how they appear on your screen depending on your device and display settings.

Our candles, woodwork pieces, and accessories are handcrafted and small-batch. Slight natural variations in wood grain, finish tone, and candle pour are expected and are a reflection of the handmade nature of our products — not defects.

All product descriptions are subject to change at any time at our sole discretion. We reserve the right to discontinue any product and may limit quantities available to any person or region on a case-by-case basis.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Emberwood & Hearth reserves the right to accept or decline any order at our discretion. Your order is not accepted until we confirm acceptance and successfully process payment.

Please review your order carefully before submitting. We may be unable to accommodate cancellation requests after an order is accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the contact information provided at the time of purchase.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

Unless you have entered into a separate written boutique partnership agreement with us, purchases are intended for your personal or household use. Bulk or commercial resale orders require prior written approval and are governed by our boutique partnership terms.

Section 4 — Prices & Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed, as confirmed in your order confirmation email. Prices do not include applicable taxes, shipping, or handling unless expressly stated.

Prices in our online store may differ from prices at farmer's markets, pop-ups, or third-party platforms. Promotional pricing is governed by the terms of the specific promotion and may differ from these Terms.

You agree to provide accurate, current, and complete payment information for all purchases. You represent that (i) the payment information you provide is true and complete; (ii) you are authorized to use the payment method; (iii) charges incurred will be honored; and (iv) you will pay all charges including shipping and applicable taxes.

Section 5 — Shipping & Delivery

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, weather, or events outside our control. Once we transfer your order to the carrier, title and risk of loss pass to you.

We ship primarily via USPS. Shipping options and estimated costs are presented at checkout. For detailed information on how we package and ship our products, please refer to our Shipping Policy.

Section 6 — Product Safety

Our candles and accessories are intended for responsible adult use. By purchasing, you acknowledge that you understand and accept the inherent risks associated with open flame products.

We strongly encourage you to follow all candle care instructions included with your order, including:

• Never leave a burning candle unattended.
• Keep candles away from children, pets, and flammable materials.
• Burn on a stable, heat-resistant surface.
• Follow wood wick care instructions — remove char before each burn.
• Discontinue use when approximately 1/2" of wax remains.

Emberwood & Hearth is not responsible for injuries, property damage, or losses resulting from improper use of our products.

Section 7 — Intellectual Property

All content on our Services — including but not limited to trademarks, brand names, text, images, graphics, product photography, scent names, and design — is owned by Emberwood & Hearth or its licensors and is protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, or transmit any material from the Services without our prior written consent.

"Emberwood & Hearth," our logo, scent names, and associated brand elements are trademarks of Emberwood & Hearth. You may not use them without prior written permission.

Section 8 — Third-Party Links & Tools

Our Services may contain links to third-party websites or embedded functionality. We are not responsible for examining or evaluating the content or accuracy of third-party sites. If you leave our Services to access third-party content, you do so at your own risk.

You may also be provided access to optional third-party tools as part of our Services. We provide access to such tools "as is" and "as available" without any warranties or endorsement. Any use of optional third-party tools is at your own risk.

Section 9 — Relationship with Shopify

Emberwood & Hearth's online store is powered by Shopify. All sales and purchases made in our store are made directly with Emberwood & Hearth. Shopify is not a party to any sales transaction between you and Emberwood & Hearth and is not responsible for any aspect of those transactions, including any injury, damage, or loss resulting from purchased products.

Section 10 — Privacy

All personal information collected through our Services is subject to our Privacy Policy. By using our Services, you acknowledge that you have read and agree to our Privacy Policy.

Because our store is hosted by Shopify, Shopify also collects and processes certain personal information related to your access and use of our store in order to provide and improve the Services. Please review Shopify's Privacy Policy for details.

Section 11 — Feedback & Reviews

If you submit reviews, suggestions, or other feedback, you grant Emberwood & Hearth a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display that content for any purpose, including to operate, promote, and improve our Services.

You represent that you own or have all necessary rights to any feedback you submit and that it does not violate the rights of any third party. We may, but are not obligated to, monitor, edit, or remove feedback that we determine is unlawful, offensive, or otherwise objectionable.

Section 12 — Errors & Inaccuracies

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and cancel orders where applicable, even after submission.

Section 13 — Prohibited Uses

You may access and use our Services for lawful purposes only. You may not use the Services:

• For any unlawful or malicious purpose
• To infringe upon our intellectual property rights or those of others
• To transmit false or misleading information
• To send unsolicited advertising or promotional material
• To collect or track the personal information of others
• To use automated tools, bots, or AI agents to scrape or interact with the Services without authorization
• In any manner that could harm Emberwood & Hearth or its customers

We reserve the right to terminate your access at any time if we determine you have violated any part of these Terms.

Section 14 — Automated Agents

This section applies if you use, allow, or enable an automated software agent to interact with our Services. Any such agent must: (i) identify itself as an agent in all requests; (ii) not mimic human behavior or circumvent CAPTCHAs; (iii) respond truthfully when asked whether interactions are from a human or a computer; and (iv) not circumvent any measures we employ to limit or control automated access.

We reserve the right to limit or block any agent from accessing our Services at our sole discretion.

Section 15 — Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Section 16 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EMBERWOOD & HEARTH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR REPLACEMENT COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 17 — Indemnification

You agree to indemnify, defend, and hold harmless Emberwood & Hearth and its affiliates, officers, employees, agents, and service providers from any losses, damages, liabilities, or claims — including reasonable attorneys' fees — arising out of (1) your breach of these Terms, (2) your violation of any law or third-party rights, or (3) your use of the Services.

Section 18 — Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York. You and Emberwood & Hearth consent to the exclusive jurisdiction of the state and federal courts located in New York for any dispute arising under these Terms.

Section 19 — Changes to These Terms

We reserve the right to update or replace any part of these Terms at any time. Changes will be effective on the date specified in the notice. Your continued use of the Services after any changes are posted constitutes acceptance of the updated Terms. You can review the most current version of these Terms at any time on our website.

Section 20 — Severability & Entire Agreement

If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining Terms will continue in full force and effect.

These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Emberwood & Hearth regarding the Services and supersede all prior agreements and communications.

Section 21 — Contact

Questions about these Terms should be directed to:

Emberwood & Hearth
Contact Page
www.emberwoodandhearth.com