Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Oak & Ember. The terms "we," "us," and "our" refer to Oak & Ember. By accessing our website, browsing our products, placing orders, or using any services offered through this website, you agree to be bound by these Terms of Service.

If you do not agree with these Terms, you may not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using our Services, you represent that you are at least the age of majority in your jurisdiction.

You are responsible for maintaining the confidentiality of your account information and for all activities occurring under your account.

We reserve the right to refuse service, terminate accounts, cancel orders, or restrict access to the Services at our sole discretion.

SECTION 2 - OUR PRODUCTS

We strive to accurately display our products. However, actual colors, sizes, materials, and appearances may vary due to screen settings, lighting, manufacturing tolerances, and other factors.

We reserve the right to modify, discontinue, limit, or update any product without notice.

All product descriptions are subject to change at any time.

SECTION 3 - ORDERS

All orders are subject to acceptance and availability.

We reserve the right to refuse, limit, cancel, or modify any order at any time for any reason, including pricing errors, suspected fraud, inventory shortages, or shipping limitations.

Submission of an order does not constitute acceptance. Acceptance occurs only after payment has been processed and the order has been approved.

Once an order has entered processing, cancellation requests cannot be guaranteed.

Purchases are subject solely to our Refund Policy.

SECTION 4 - PRICES AND BILLING

Prices may change at any time without notice.

You agree to provide accurate billing, shipping, and payment information.

You authorize us to charge your selected payment method for all purchases, shipping charges, taxes, and related fees.

SECTION 5 - SHIPPING AND DELIVERY

Delivery dates are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather events, customs processing, labor disruptions, incorrect addresses, lost packages, theft after delivery, or circumstances beyond our control.

Once an order has been transferred to the shipping carrier, title and risk of loss pass to the customer.

Failure by a carrier to meet an estimated delivery date does not entitle the customer to a refund.

SECTION 6 - INTELLECTUAL PROPERTY

All content on this website, including text, images, graphics, logos, videos, designs, and product descriptions, is the property of Oak & Ember and is protected by intellectual property laws.

No content may be copied, reproduced, distributed, modified, or used without prior written permission.

SECTION 7 - OPTIONAL TOOLS

Third-party tools may be provided "as is" and "as available."

We make no warranties regarding third-party services and assume no liability arising from their use.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites.

We are not responsible for the content, policies, products, services, or practices of any third-party website.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify.

All purchases are made directly from Oak & Ember.

Shopify is not responsible for products sold, order fulfillment, customer service, warranties, returns, or disputes relating to purchases made through our store.

SECTION 10 - PRIVACY

Use of our Services is subject to our Privacy Policy and Shopify's Privacy Policy.

By using the Services, you consent to the collection and processing of information as described in those policies.

SECTION 11 - FEEDBACK

Any comments, reviews, suggestions, or other content submitted to us may be used by Oak & Ember without restriction or compensation.

You grant us a perpetual, royalty-free, worldwide license to use such content.

SECTION 12 - ERRORS AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, omissions, pricing mistakes, or product information without prior notice.

We may cancel orders affected by such errors.

SECTION 13 - PROHIBITED USES

You may not use the Services for any unlawful purpose.

You may not:

  • Violate laws or regulations

  • Infringe intellectual property rights

  • Submit false information

  • Transmit malware or harmful code

  • Attempt unauthorized access

  • Scrape, harvest, or automate access to the website

  • Interfere with website functionality

Violation may result in immediate termination of access.

SECTION 14 - AUTOMATED ACCESS

Automated systems, bots, scraping tools, AI agents, and similar technologies may not access the Services without prior written authorization.

We reserve the right to block or restrict automated access at any time.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services at any time and for any reason without notice.

Termination does not affect obligations that arose before termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, OAK & EMBER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Oak & Ember from any claims, damages, losses, liabilities, costs, or expenses arising from:

  • Your violation of these Terms

  • Your misuse of the Services

  • Your violation of any law or third-party rights

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision shall not constitute a waiver.

These Terms constitute the entire agreement between you and Oak & Ember regarding use of the Services.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights under these Terms.

We may assign, transfer, or delegate our rights and obligations at any time without notice.

SECTION 22 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of Texas.

Any dispute arising from these Terms or any purchase made through the Services shall be resolved exclusively through binding arbitration in Texas.

You waive the right to a jury trial and agree not to participate in any class action, collective action, or representative proceeding.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not affect interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to modify these Terms at any time.

Updated versions will be posted on this page.

Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be submitted to:

oakandemberlights.com@gmail.com

We do not guarantee response times. Submission of an inquiry does not create any obligation beyond those expressly stated in these Terms.