Terms of service

TERMS OF SERVICE

Last Updated: September 10, 2026

OVERVIEW

Welcome to Desert Ember Co. The terms "we," "us," and "our" refer to Desert Ember Co. Desert Ember Co 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"). Desert Ember Co is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, 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, purchasing from, or otherwise 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 the 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, province, or jurisdiction of residence, and you have given us your consent to allow any of 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 products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, 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 solely responsible for maintaining the security of your account credentials and for all activity conducted 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 and services in our online store. However, colors, textures, engraving contrast, dimensions, and overall product appearance may vary depending on your device, display settings, lighting conditions, photography, and the characteristics of the materials used.

Handcrafted and Natural Materials

Many Desert Ember Co. products are handcrafted, engraved, assembled, finished, or otherwise individually produced. Many products also incorporate natural materials such as wood.

Natural materials inherently vary in characteristics including, but not limited to:

  • wood grain and grain direction;
  • knots and other natural markings;
  • color and tone;
  • texture;
  • engraving darkness and contrast;
  • mineral streaks;
  • natural patterning; and
  • other characteristics inherent to the material.

These variations are expected and contribute to the unique character of each piece.

Because of these natural and handcrafted characteristics, the product you receive may not be visually identical to photographs, samples, prototypes, or other units of the same product.

Reasonable variations resulting from natural materials or the handcrafted manufacturing process are not considered defects.

We do not warrant that the appearance or quality of any product or service will exactly match how it appears on a particular screen or in photographs.

All product descriptions, designs, availability, specifications, and prices are subject to change without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

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

Desert Ember Co reserves the right to accept or decline an order for any lawful reason at our discretion. Your order is not accepted until Desert Ember Co confirms acceptance and applicable payment has been successfully processed.

Please review your order carefully before submitting it. Desert Ember Co may be unable to accommodate cancellation or modification requests after an order has been accepted or production has begun.

If we decline, cancel, or make a material change to an order, we will attempt to notify you using the email address, billing information, shipping information, or telephone number provided when the order was placed.

Purchases are subject to our Refund Policy.

Unless otherwise agreed in connection with a wholesale, commercial, corporate, or other business transaction, products purchased through our consumer storefront are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — CUSTOM AND PERSONALIZED PRODUCTS

Desert Ember Co offers certain custom, personalized, commissioned, made-to-order, and specially configured products.

Customers are responsible for providing accurate information for custom and personalized orders, including, where applicable:

  • names;
  • spelling;
  • dates;
  • wording;
  • photographs;
  • logos;
  • artwork;
  • dimensions;
  • personalization instructions; and
  • other requested specifications.

If Desert Ember Co provides a design proof, mockup, rendering, or other approval request, the customer is responsible for carefully reviewing all details before providing approval.

Customer approval constitutes authorization for Desert Ember Co to proceed with production based upon the approved design or information.

Desert Ember Co is not responsible for errors contained in customer-supplied information or in a design that the customer reviewed and approved, including spelling, dates, names, wording, or other customer-approved details.

Because custom and personalized products are created specifically for the customer, they may not be canceled, returned, or exchanged after production has begun except where otherwise provided in our Refund Policy or required by applicable law.

Changes requested after production begins may require additional charges and may not always be possible.

Custom and personalized products remain subject to the handcrafted and natural-material variations described in Section 2.

SECTION 5 — CUSTOMER-SUPPLIED ARTWORK AND CONTENT

If you provide Desert Ember Co with artwork, photographs, logos, trademarks, text, graphics, or other materials for use in a custom product, you represent and warrant that you own the material or otherwise have sufficient rights and authorization for Desert Ember Co to reproduce and use it for your order.

You agree that Desert Ember Co may reproduce, modify, resize, crop, convert, engrave, cut, print, or otherwise process customer-supplied content as reasonably necessary to fulfill the requested order.

You are responsible for ensuring that your requested use does not infringe the copyright, trademark, privacy, publicity, or other rights of another person or entity.

Desert Ember Co reserves the right to decline a custom order that we reasonably believe may violate applicable law or third-party rights.

SECTION 6 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect when the order is placed and will be reflected in the applicable order confirmation.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices offered through our online store may differ from prices offered at markets, events, physical retail locations, wholesale channels, third-party marketplaces, or other sales channels.

From time to time, we may offer promotions that are governed by additional terms and conditions. If promotion-specific terms conflict with these Terms, the promotion-specific terms will govern with respect to that promotion.

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

You represent and warrant that payment information you provide is accurate, that you are authorized to use the applicable payment method, and that charges incurred through your order will be honored.

You agree to pay all charges incurred at the posted or otherwise agreed price, including applicable shipping, handling, and taxes.

SECTION 7 — SHIPPING AND DELIVERY

All delivery and processing times are estimates unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect customer-provided addresses, or other circumstances outside our reasonable control.

Once products are transferred to a shipping carrier, title and risk of loss pass to you to the extent permitted by applicable law.

If an order arrives damaged or appears to have been damaged during shipment, please contact Desert Ember Co promptly in accordance with our Refund Policy.

Customers are responsible for providing a complete and accurate shipping address. Additional shipping expenses resulting from incorrect or incomplete customer-provided shipping information may be the responsibility of the customer.

SECTION 8 — RETURNS, REFUNDS, AND CANCELLATIONS

Returns, refunds, exchanges, cancellations, damaged-product claims, and related matters are governed by our separately published Refund Policy, which is incorporated into these Terms by reference.

Custom and personalized products generally cannot be returned or exchanged because they are produced specifically for the customer.

Cancellation of custom or personalized orders may not be possible after design approval or production has begun.

Nothing in this section limits rights that cannot legally be excluded under applicable law.

SECTION 9 — INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, photographs, artwork, illustrations, product designs, product reviews, videos, audio, website design, and the selection and arrangement thereof, are owned by Desert Ember Co, its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

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

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, manufacture from, or commercially exploit material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants a license or other right under any patent, trademark, copyright, trade dress, design right, or other intellectual property of Desert Ember Co, Shopify, or any third party.

Unauthorized use of the Services or Desert Ember Co intellectual property may violate federal, state, and international intellectual property laws.

All rights not expressly granted are reserved.

Desert Ember Co's names, logos, product and service names, original artwork, designs, collections, and slogans are trademarks, copyrights, or other intellectual property of Desert Ember Co or its applicable licensors and may not be used without appropriate permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.

Other names, logos, product names, service names, designs, and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 10 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services that we neither monitor nor control.

You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

To the extent permitted by law, Desert Ember Co shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the Services is at your discretion and subject to the applicable third party's terms.

We may offer new features, tools, and resources through the Services in the future. Such features are considered part of the Services and are subject to these Terms.

SECTION 11 — THIRD-PARTY LINKS

The Services may contain materials, functionality, or hyperlinks provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, policies, products, or services of third-party websites.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content.

Please review applicable third-party policies and practices before engaging in transactions with them.

Questions or concerns regarding third-party products and services should be directed to the applicable third party.

SECTION 12 — RELATIONSHIP WITH SHOPIFY

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

However, any sales and purchases you make in our Store are made directly with Desert Ember Co.

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

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Desert Ember Co.

SECTION 13 — PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference.

Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, which may be located in countries other than where you reside, as necessary to provide the Services.

Please review our Privacy Policy for additional information regarding how Desert Ember Co and its service providers process personal information.

SECTION 14 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant Desert Ember Co a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for purposes including operating, improving, and promoting our Services.

You represent and warrant that you own or have the necessary rights to submit the Feedback, have disclosed any applicable compensation or incentives associated with it, and that the Feedback complies with these Terms.

Unless otherwise required by law, we are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine violates applicable law, these Terms, third-party rights, or reasonable standards governing our Services.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 15 — ERRORS, INACCURACIES, AND OMISSIONS

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

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders when information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 16 — PROHIBITED USES

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

You may not use the Services directly or indirectly to:

  • engage in unlawful or malicious activity;
  • violate applicable laws or regulations;
  • infringe our intellectual property or the intellectual property of others;
  • harass, abuse, threaten, defame, intimidate, or harm another person;
  • transmit false or misleading information;
  • distribute spam, phishing attempts, malware, viruses, or malicious code;
  • impersonate another person or entity;
  • improperly collect or track personal information;
  • reproduce, duplicate, copy, sell, resell, scrape, extract, or exploit portions of the Services without authorization;
  • circumvent security, access controls, robot exclusion measures, or authorization features; or
  • engage in conduct that interferes with or restricts another person's use or enjoyment of the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 17 — AGENTS

This section applies if you use, allow, enable, or cause the deployment of an autonomous or semi-autonomous software agent ("Agent") to access or interact with the Services.

Agents may access or interact with the Services only in accordance with applicable technical requirements, access controls, instructions, and restrictions.

Agents must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity, or circumvent measures intended to control automated access.

We reserve the right to limit or prohibit Agent access to the Services.

SECTION 18 — TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion and subject to applicable law.

You remain liable for amounts properly due through the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and other applicable provisions.

SECTION 19 — DISCLAIMER OF WARRANTIES

Information presented through the Services is made available for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of information except as expressly required by applicable law.

To the fullest extent permitted by law, reliance on information made available through the Services is at your own risk.

EXCEPT AS EXPRESSLY STATED BY DESERT EMBER CO OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

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

Some jurisdictions limit or prohibit certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 20 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DESERT EMBER CO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

SECTION 21 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Desert Ember Co, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or third-party claims, including reasonable attorneys' fees, arising from:

  1. your breach of these Terms or documents incorporated by reference;
  2. your violation of applicable law or third-party rights; or
  3. your improper access to or use of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable.

You agree to reasonably cooperate in the defense of applicable claims.

SECTION 22 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 23 — WAIVER; ENTIRE AGREEMENT

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

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement between you and Desert Ember Co concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning the Services.

SECTION 24 — ASSIGNMENT

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

Any unauthorized attempted assignment may be void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 25 — GOVERNING LAW

These Terms of Service and any separate agreements through which Desert Ember Co provides Services shall be governed by and construed in accordance with applicable federal law and the laws of the State of Arizona, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and Desert Ember Co consent to the jurisdiction and venue of the appropriate state and federal courts located in Arizona.

SECTION 26 — HEADINGS

Headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 27 — CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 28 — WHOLESALE, CORPORATE, AND BUSINESS ORDERS

Desert Ember Co may offer wholesale, corporate, government, bulk, or other business-to-business purchasing opportunities.

Such transactions may be governed by separate quotations, purchase orders, invoices, wholesale terms, contracts, minimum-order requirements, payment terms, customization agreements, or other written conditions.

Where separate written terms have been agreed upon for a wholesale or business transaction, those terms will control to the extent they conflict with these consumer Terms of Service.

Wholesale pricing, quantity discounts, minimum order quantities, production schedules, payment terms, and resale authorization are determined separately and are not guaranteed by the availability or pricing of products through our consumer storefront.

 

SECTION 29 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Desert Ember Co.
Veteran-Owned Arizona Small Business
27183 N 171st Dr
Surprise, AZ 85387
United States
Phone: 602-888-3585
Email: nick@desertemberco.com
Website: desertemberco.com