Terms of service

Terms of Service and Terms of Use – Emberwall

Introduction

This website is operated by Emberwall. Throughout the site, the terms "we," "us," and "our" refer to Emberwall. Emberwall offers this website, including all information, tools, and services available 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 of Service, including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including 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. If you do not agree to all the terms and conditions, you may not access the website or use any Services.

Any new tools or features added to the store are also subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. Continued use of the site after changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services to you.

Section 1 – Online Store Terms

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 this site.

You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction, including copyright laws.

You must not transmit any worms, viruses, or destructive code.

A breach of any of these Terms will result in 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 (excluding credit card information) may be transferred unencrypted. 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 without express written permission by us.

The headings used in this agreement are for convenience only and do not limit these Terms.

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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 as the sole basis for making decisions without consulting primary, more accurate, or more timely sources.

This site may contain historical information, which is provided for reference only and is not necessarily current. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information. You agree 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 of it) without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.

We have made every effort to display product colours and images as accurately as possible. We cannot guarantee that your screen's display of any colour will be accurate.

We reserve the right to limit the sales of our products to any person, region, or jurisdiction, and to limit quantities offered. Product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products or services will meet your expectations, or that errors in the Service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household, or order, including orders placed under the same account, card, or address. If we change or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at checkout.

You agree to provide current, complete, and accurate account and payment information, and to update it promptly so we can complete your transactions and contact you if needed.

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Section 7 – Optional Tools

We may provide access to third-party tools over which we have no control. Such tools are provided "as is" and "as available," without warranties of any kind, and we accept no liability for your use of them. Any use of optional third-party tools is entirely at your own risk — you should review and understand the third-party provider's own terms.

We may, in future, offer new features or services through the website; these will also be subject to these Terms.

Section 8 – Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for their content or accuracy, and accept no liability for any third-party materials, websites, products, or services.

We are not liable for any harm related to your use of or transactions with third-party websites. Complaints about third-party products should be directed to that third party.

Section 9 – User Comments, Feedback, and Other Submissions

If you send us comments, ideas, or suggestions — whether requested or not — you agree that we may use, edit, copy, publish, and distribute them freely, without obligation to keep them confidential, compensate you, or respond.

We may, but are not obligated to, monitor or remove content we consider unlawful, offensive, or otherwise objectionable.

You are solely responsible for your comments and confirm they do not violate any third party's rights, and do not contain unlawful, abusive, obscene, or malicious content. You may not impersonate someone else or use a false email address.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies, and Omissions

Information on our site may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to change, update, or cancel orders at any time without prior notice, including after an order has been submitted.

We have no obligation to update or clarify information on the site, except as required by law.

Section 12 – Prohibited Uses

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any local or international law or regulation; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, or discriminate; (f) to submit false or misleading information; (g) to upload viruses or malicious code; (h) to collect or track others' personal information; (i) to spam, phish, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with the security features of the Service. We reserve the right to terminate your use of the Service for violating any of these prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that results obtained will be accurate or reliable.

The Service and all products and services delivered through it are provided "as is" and "as available," without any warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, and non-infringement.

In no event shall Emberwall, its directors, officers, employees, affiliates, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service, even if advised of the possibility of such damages. Where a jurisdiction does not allow the exclusion of certain warranties or liabilities, our liability shall be limited to the maximum extent permitted by law.