TERMS OF SERVICE

OVERVIEW

Welcome to Ember & Wit! The terms “we,” “us,” and “our” refer to Ember & Wit LLC, doing business as Ember & Wit. Ember & Wit operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Ember & Wit is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

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

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately represent our products through descriptions, photographs, and other content on our website. However, colors and product appearance may vary depending on your device, screen settings, lighting, and other factors.

Because many Ember & Wit products are produced or finished in small batches, minor variations in appearance, color, finish, wax appearance, fragrance, or other characteristics may occur between products or batches. These natural variations do not necessarily indicate a product defect.

We do not warrant that the appearance or perceived qualities of a product will exactly match photographs or representations displayed in our online store.

Product descriptions, availability, pricing, and other information may change at any time without notice. We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Ember & Wit reserves the right to accept or decline an order for legitimate business reasons, including product availability, suspected fraud, pricing or listing errors, shipping limitations, or other circumstances affecting our ability to fulfill the order.

Your order is not accepted until payment has been successfully processed and the order has been accepted by us.

Please review your order carefully before submitting it. If you need to request a change or cancellation, contact us as soon as possible at customerservice@emberandwit.com. We will do our best to accommodate requests made before an order has been processed or shipped, but we cannot guarantee that changes or cancellations will be possible.

If we need to change or cancel an order, we will attempt to contact you using the information provided with the order.

Purchases are subject to our Return & Refund Policy.

You represent that purchases made through our store are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when your order is placed, subject to correction of genuine pricing or listing errors.

Unless otherwise stated, displayed prices do not include applicable taxes or shipping charges.

We may periodically offer promotions or discounts governed by additional terms. Where promotion-specific terms conflict with these Terms regarding that promotion, the promotion-specific terms will control.

You agree to provide current, complete, and accurate purchase, payment, and account information.

You represent that you are authorized to use the payment method submitted for your purchase and agree to pay all charges associated with your order, including applicable shipping charges and taxes.

SECTION 5 – SHIPPING AND DELIVERY

Orders are processed and shipped according to our Shipping Policy.

Our standard processing time is generally 2–4 business days, excluding weekends and holidays. Delivery times provided by shipping carriers are estimates and are not guaranteed.

Ember & Wit is not responsible for carrier delays, weather events, or other delivery delays outside our reasonable control. However, if your shipment appears to be lost, damaged, or experiencing an unusual delay, please contact us at customerservice@emberandwit.com and we will work with you and the carrier to help determine the appropriate next steps.

Customers are responsible for providing an accurate and complete shipping address when placing an order.

For additional information regarding shipping rates, tracking, lost packages, damaged shipments, and delivery, please review our Shipping Policy.

SECTION 6 – PRODUCT USE AND SAFETY

Ember & Wit products should be used only for their intended purposes and in accordance with all instructions, warnings, and care information provided with the product, on its packaging, or on our website.

Candles and other products involving flame or heat must never be left unattended and should be kept away from children, pets, drafts, flammable materials, and other potential hazards. Customers are responsible for following all candle-burning and product safety instructions.

Wax melts should only be used with appropriate wax warmers and according to the warmer manufacturer's instructions.

Car diffusers, fragrance products, soaps, and other Ember & Wit products should be used according to the instructions and warnings provided with the product. Fragrance oils and diffuser liquids may damage certain surfaces if spilled or allowed to make prolonged contact. Customers should promptly clean spills and follow all provided care instructions.

Discontinue use of any product if it appears damaged, behaves unexpectedly, or presents a potential safety concern, and contact us at customerservice@emberandwit.com if you need assistance.

Nothing in this section limits any rights or remedies available to you under applicable law or our policies concerning defective products.

SECTION 7 – INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, photographs, graphics, artwork, product designs, videos, audio, website design, and other content, are owned by or licensed to Ember & Wit LLC and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit, sell, or commercially exploit our content without prior written permission, except where otherwise permitted by law.

The Ember & Wit name, logo, product names, designs, slogans, artwork, and other brand identifiers may be trademarks or other intellectual property of Ember & Wit LLC or their respective owners and may not be used without appropriate permission.

Shopify's name, logos, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, products, and brands appearing through the Services belong to their respective owners.

All rights not expressly granted are reserved.

SECTION 8 – OPTIONAL TOOLS

We may provide access to tools or functionality offered by third parties that we do not control or monitor.

Such tools may be provided “as is” and “as available” without warranties, representations, or endorsement by Ember & Wit.

Your use of third-party tools is at your discretion and may also be subject to the terms and policies of the applicable third-party provider.

We may add new features, tools, or resources to the Services in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 9 – THIRD-PARTY LINKS

Our Services may contain links to websites, resources, or functionality provided by third parties.

We are not responsible for the content, accuracy, availability, privacy practices, products, or services of third-party websites.

If you choose to access a third-party website, you do so subject to that third party's terms and policies. Questions or concerns regarding third-party products or services should generally be directed to the applicable third party.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Ember & Wit is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Ember & Wit.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Ember & Wit, including injury, damage, or loss resulting from purchased products and services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Ember & Wit.

SECTION 11 – PRIVACY

Personal information collected through the Services is handled according to our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process certain personal information related to your access to and use of the Services to provide and improve its services.

Information submitted through our store may also be transmitted to service providers involved in operating our store, processing payments, fulfilling orders, providing marketing services, or otherwise supporting the Services.

Please review our Privacy Policy and Shopify's applicable privacy policy for additional information.

SECTION 12 – FEEDBACK AND REVIEWS

If you voluntarily submit reviews, photographs, suggestions, feedback, ideas, or other content to Ember & Wit (“Feedback”), you grant Ember & Wit a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, distribute, and adapt that Feedback for purposes including operating, improving, and promoting our business and products.

You represent that you have the necessary rights to submit such Feedback and that it does not violate the rights of another person.

You are responsible for the accuracy and content of Feedback you submit.

We reserve the right, but have no obligation, to remove content that we reasonably determine is unlawful, abusive, fraudulent, defamatory, obscene, infringing, or otherwise violates these Terms.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information as necessary. Where an error materially affects an order you have already submitted, we may contact you regarding the error or cancel and refund the affected order where appropriate.

SECTION 14 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws; infringe intellectual property or privacy rights; transmit malicious software; engage in fraud or impersonation; harass or harm others; distribute spam or unauthorized solicitations; collect personal information improperly; interfere with the security or operation of the Services; or otherwise misuse the Services.

You may not use automated systems, scraping tools, bots, artificial intelligence agents, or similar technology to access, copy, extract, or interact with the Services in violation of these Terms or technical restrictions implemented by Ember & Wit or Shopify.

We reserve the right to restrict or terminate access to the Services where we reasonably believe these Terms have been violated.

SECTION 15 – AGENTS

This section applies when software or services acting autonomously or semi-autonomously on behalf of a person or entity (“Agents”) access or interact with the Services.

Agents must accurately identify themselves when technically required and may not conceal their automated nature, circumvent CAPTCHAs or access controls, impersonate human users, or bypass measures designed to limit automated access.

We may restrict or prevent Agent access to the Services at our discretion and through appropriate technical measures.

SECTION 16 – TERMINATION

We may suspend or terminate access to the Services where permitted by law, including where these Terms have been violated or the Services have been misused.

Any obligations or provisions that by their nature should survive termination—including intellectual property, limitations of liability, indemnification, and governing-law provisions—will continue to apply after termination.

SECTION 17 – DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED BY EMBER & WIT OR REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.

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

SOME STATES OR JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 18 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMBER & WIT LLC AND ITS MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 19 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Ember & Wit LLC, Shopify, and their respective affiliates, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable attorneys' fees arising from your material breach of these Terms, violation of applicable law, infringement of another person's rights, or misuse of the Services.

SECTION 20 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the extent necessary. The remaining provisions will continue in full force and effect.

SECTION 21 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules incorporated by reference, constitute the agreement between you and Ember & Wit regarding your use of the Services and supersede prior agreements or communications concerning the Services.

SECTION 22 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms where permitted by applicable law.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements through which Ember & Wit provides Services are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

To the extent permitted by applicable law, disputes arising from these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in Texas.

SECTION 24 – HEADINGS

Section headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 25 – CHANGES TO THESE TERMS

You may review the current version of these Terms of Service at any time on this page.

We reserve the right to update or modify these Terms by posting an updated version on our website.

Where required by applicable law, we will provide notice of material changes. Continued use of the Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by law.

SECTION 26 – CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Ember & Wit LLC
Doing business as Ember & Wit
Madisonville, Texas, United States
customerservice@emberandwit.com