Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Bluff & Ember Co. The terms “we,” “us,” and “our” refer to Bluff & Ember Co.

Bluff & Ember Co. operates this store and website, including related information, content, features, tools, products, and services in order to provide customers with a curated shopping and custom-branding experience (the “Services”). Bluff & Ember Co. is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights and cover areas including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have provided any consent legally required for a minor dependent to use the Services on a device you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that information you provide is correct, current, and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person except where permitted by us.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately represent our products and services. Colors, materials, finishes, dimensions, product appearance, and other characteristics may vary slightly from what appears on your screen because of device displays, manufacturing tolerances, material batches, production methods, lighting, or other factors.

Retail products may be sourced or fulfilled through selected suppliers, manufacturers, production partners, or fulfillment partners.

Product descriptions, prices, availability, specifications, and fulfillment options may change without notice.

We reserve the right to discontinue products or limit quantities offered to a person, geographic region, or jurisdiction where reasonably necessary.

For custom products, reasonable variations can occur between digital proofs and finished physical products because of printing, embroidery, material, manufacturing, and display differences.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

Bluff & Ember Co. reserves the right to accept, decline, cancel, or limit an order where reasonably necessary, including because of product availability, pricing or listing errors, suspected fraud, payment issues, supplier availability, shipping restrictions, or other legitimate business reasons.

Your order is not accepted until payment has been successfully processed and the order has been accepted for fulfillment.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation requests after an order has entered supplier processing, customization, production, printing, embroidery, cutting, or other fulfillment stages.

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

Purchases are subject to our Refund Policy, available through our website.

Business and organizational purchases, including custom branding, crew orders, bulk orders, and promotional products, are permitted.

You represent and warrant that your purchases will be used for lawful purposes and will not be used for unauthorized resale, export, fraud, infringement, or other unlawful activity.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without notice.

The price charged for a product or service will be the price in effect when the order is placed unless an obvious pricing or listing error occurred.

Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping, handling, customs, duties, or other charges that may apply.

Any applicable shipping charges and taxes are displayed or calculated during checkout when supported by the checkout system.

Promotional offers may have additional terms. If specific promotional terms conflict with these Terms, the terms applicable to that promotion will control for that promotion.

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 a purchase and agree to pay all authorized charges associated with your order.

SECTION 5 - SHIPPING, FULFILLMENT AND DELIVERY

Products may be fulfilled directly by Bluff & Ember Co. or by selected suppliers, manufacturers, production partners, or fulfillment partners.

As a result, products within the same order may ship separately or from different locations.

Shipping, production, processing, and delivery times are estimates unless a specific guaranteed service is expressly stated for an order.

Delays may occur because of carrier interruptions, weather, supplier or production delays, product availability, customs processing, high-volume periods, or other circumstances outside our reasonable control.

Tracking information will be provided when available.

If an order arrives damaged, contains an incorrect item, or appears to be lost in transit, contact us at chris@bluffandember.com so we can review the issue and coordinate the appropriate resolution.

Title, risk of loss, and consumer rights relating to delivery will be determined in accordance with applicable law.

Additional information is available in our Shipping & Production Policy.

SECTION 6 - CUSTOM, PERSONALIZED AND BUSINESS ORDERS

Certain Bluff & Ember Co. products are custom, personalized, made-to-order, special-order, or produced specifically for a customer, business, crew, organization, team, or event.

Custom orders may require artwork, logos, wording, sizes, quantities, product selections, colors, proofs, or other specifications.

By submitting a logo, trademark, artwork, photograph, name, design, or other content for production, you represent that you own the content or have permission and authority to use and reproduce it for the requested order.

You authorize Bluff & Ember Co. and its applicable production partners to reproduce submitted content as reasonably necessary to quote, proof, produce, and fulfill the requested order.

When a proof or final specification is provided, you are responsible for reviewing the information presented, including spelling, layout, quantities, sizes, product selections, colors, and other stated details before approval.

Production may begin after any required approval has been provided.

If an approved custom product becomes unavailable before production, we will contact you regarding available options. We will not knowingly substitute a materially different custom product without your approval.

Custom, personalized, made-to-order, and special-order products are subject to the additional return and cancellation limitations stated in our Refund Policy.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, displays, images, graphics, video, audio, website design, and original content owned by Bluff & Ember Co., its affiliates, or licensors, are protected by applicable intellectual property laws.

These Terms permit you to use the Services for lawful personal or business purchasing purposes.

Except as permitted by law or expressly authorized by us, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit our proprietary material for commercial exploitation.

Nothing in these Terms grants you ownership of Bluff & Ember Co., Shopify, supplier, manufacturer, creator, or third-party intellectual property.

Bluff & Ember Co.’s names, logos, product and service names, designs, and slogans are trademarks or other intellectual property of Bluff & Ember Co. or applicable licensors.

Shopify’s names, logos, products, services, designs, and slogans are the property of Shopify or its applicable affiliates.

Other names, logos, product names, designs, photographs, and trademarks displayed through the Services remain the property of their respective owners.

SECTION 8 - OPTIONAL TOOLS

We may provide access to tools, payment methods, financing options, applications, integrations, or services provided by third parties.

Third-party tools may be subject to separate eligibility requirements, terms, privacy policies, fees, approvals, or other conditions established by the applicable provider.

We do not control approval decisions made by third-party payment, financing, or service providers.

Your use of an optional third-party tool is subject to the applicable provider’s terms and conditions.

We may introduce additional features, tools, integrations, or resources in the future. Unless otherwise stated, those features are considered part of the Services and are subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS, SUPPLIERS AND SERVICES

The Services may contain materials, functionality, products, or links involving third parties.

We are not responsible for the content or accuracy of independent third-party websites that you choose to access.

For products purchased directly from Bluff & Ember Co., please contact Bluff & Ember Co. first with product, fulfillment, return, damage, or order concerns, including when a supplier, manufacturer, production partner, or fulfillment partner is involved.

Bluff & Ember Co. remains the customer-facing seller for orders placed directly with Bluff & Ember Co., subject to applicable law and the terms governing the transaction.

For transactions you independently enter into on an external third-party website, questions regarding that separate transaction should be directed to the applicable third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Bluff & Ember Co. is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases you make in our store are made directly with Bluff & Ember Co.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Bluff & Ember Co., including injury, damage, or loss resulting from purchased products and services, except to the extent otherwise required by applicable law.

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

SECTION 11 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy, available through our website.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve Shopify’s services.

Information submitted through the Services may also be transmitted to or processed by service providers, payment providers, suppliers, fulfillment partners, marketing platforms, and other parties when reasonably necessary to operate the store, process transactions, fulfill orders, provide customer service, prevent fraud, comply with law, or provide functionality you request.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

SECTION 12 - FEEDBACK, REVIEWS AND USER CONTENT

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, videos, proposals, or other content (“Feedback”), you represent that you own or have the necessary rights to provide that content.

You agree that Feedback will not violate the intellectual property, privacy, publicity, or other rights of another person.

Where legally permitted, you grant Bluff & Ember Co. a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, and distribute Feedback for purposes reasonably related to operating, improving, and promoting Bluff & Ember Co. and its products or services.

You remain responsible for the accuracy and legality of content you submit.

If you receive compensation, free products, discounts, commissions, affiliate benefits, or another incentive connected to a review or endorsement, you are responsible for making disclosures required by applicable law and applicable platform rules.

We may remove content that we reasonably determine is unlawful, fraudulent, infringing, abusive, deceptive, obscene, malicious, or otherwise violates these Terms.

We do not require customers, creators, or affiliates to provide positive reviews.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Information provided through the Services may occasionally contain typographical errors, inaccuracies, omissions, or outdated information relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other matters.

We reserve the right to correct errors, inaccuracies, or omissions and to update information when reasonably necessary.

If a material error affects an order you placed, we may contact you regarding the error and available options or cancel and refund the affected order when appropriate.

SECTION 14 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

• violate applicable laws or regulations;
• infringe intellectual property or other legal rights;
• commit or facilitate fraud;
• submit intentionally false or misleading information;
• transmit malicious code;
• impersonate another person or entity;
• harvest personal information unlawfully;
• spam, phish, scrape, or interfere with the Services in a manner prohibited by applicable law or these Terms;
• circumvent security, access controls, rate limits, or authorization systems; or
• engage in conduct reasonably likely to damage the Services, Bluff & Ember Co., Shopify, our customers, suppliers, partners, or other users.

We reserve the right to suspend or terminate access where we reasonably determine that these Terms have been violated.

SECTION 15 - AGENTS AND AUTOMATED SERVICES

This section applies when software, an artificial-intelligence system, automated service, or other agent (“Agent”) accesses or interacts with the Services on behalf of a person or organization.

Agents must comply with applicable laws, authorized platform protocols, technical access requirements, security controls, and any applicable terms governing automated access.

An Agent may not circumvent CAPTCHAs, security systems, access controls, rate limits, robot-exclusion measures, or other technical restrictions.

Where identification of an Agent is required by applicable technical standards, platform requirements, or law, the Agent must accurately identify itself.

We may limit or restrict automated access when reasonably necessary to protect customers, security, privacy, system availability, intellectual property, or the integrity of the Services.

Nothing in this section is intended to prohibit legitimate product discovery, shopping, accessibility, search, or commerce interactions provided through Shopify-supported or otherwise authorized services and integrations.

SECTION 16 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including because of violation of these Terms, fraud, abuse, security risks, or legal requirements.

Termination does not eliminate payment or other obligations incurred before termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, user content, disclaimers, limitations of liability, indemnification, severability, governing law, and amounts owed.

SECTION 17 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” except for warranties or commitments expressly provided by Bluff & Ember Co. or rights that cannot legally be excluded.

We do not guarantee that access to the Services will always be uninterrupted, secure, timely, or error-free.

Some jurisdictions do not allow certain warranty exclusions or limitations. In those jurisdictions, applicable statutory rights will continue to apply.

Nothing in these Terms limits consumer rights that cannot legally be waived.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUFF & EMBER CO. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR SIMILAR DAMAGES, EXCEPT WHERE SUCH LIABILITY CANNOT LEGALLY BE LIMITED OR EXCLUDED.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 19 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Bluff & Ember Co. and its affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal costs arising from:

1. your material breach of these Terms;
2. your violation of applicable law;
3. your infringement of another person’s rights; or
4. content, artwork, trademarks, photographs, logos, or other materials you provide for use in a custom order without the necessary rights or authorization.

We will provide reasonable notice of an indemnifiable claim where practicable. You agree to reasonably cooperate in the defense of such a claim.

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 applicable law or severed to the minimum extent necessary.

The remaining provisions will remain in 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 and the policies incorporated into them constitute the agreement governing your use of the Services, except where separate written terms expressly apply to a particular transaction, promotion, custom order, financing product, or service.

SECTION 22 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these