Terms of service
Welcome to Oak & Ember. This website is operated by Ooshka Bay Ltd trading as Oak & Ember. Throughout the site, the terms “we”, “us” and “our” refer to Oak & Ember.
Oak & Ember operates this website and store, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Oak & Ember is powered by Shopify, which enables us to provide the Services to you.
By visiting our website and/or purchasing from us, you engage in our Services and agree to be bound by these Terms of Service (“Terms”), including any additional policies referenced herein, including our Privacy Policy, Shipping Policy and Refund Policy.
Please read these Terms carefully before using our Services. If you do not agree to all the Terms, you may not access the website or use any Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least 18 years old or the age of majority in your country of residence.
To access certain features of the Services or place an order, you may be required to provide information including your name, email address, billing address, shipping address and payment information. You agree that all information provided is accurate, complete and current.
You are responsible for maintaining the confidentiality of your account information and for all activities conducted under your account.
SECTION 2 - OUR PRODUCTS
We make every effort to display products, colours and descriptions accurately. However, product appearance and colours may vary depending on your device and display settings.
All product descriptions, pricing and availability are subject to change without notice at our sole discretion.
We reserve the right to discontinue products or limit quantities available for purchase at any time.
Products sold by Oak & Ember are intended for lawful personal use only.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase products from Oak & Ember.
We reserve the right to accept or reject any order at our discretion. Orders are only accepted once payment has been successfully processed and an order confirmation has been issued.
We may cancel or refuse orders where:
- Products are unavailable
- Pricing or product information is incorrect
- Fraudulent or suspicious activity is suspected
Please review your order carefully before submitting, as we may not be able to amend or cancel orders once processing has begun.
All purchases are subject to our Refund Policy.
SECTION 4 - PRICES AND BILLING
All prices shown are subject to change without notice.
Unless otherwise stated, prices shown do not include shipping charges, customs duties or import taxes.
You agree to provide accurate and complete billing and payment information for all purchases.
If we believe an order has been placed fraudulently or in breach of these Terms, we reserve the right to cancel the transaction.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing or circumstances outside our reasonable control.
Risk in products passes to you upon delivery to the address provided in your order.
For full details, please review our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
All content on this website, including but not limited to logos, branding, product names, images, graphics, text, designs and website content, is the intellectual property of Ooshka Bay Ltd trading as Oak & Ember unless otherwise stated.
You may not reproduce, distribute, modify, copy or exploit any content without prior written permission from Oak & Ember.
All rights are reserved.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services which we neither monitor nor control.
These tools are provided “as is” and “as available” without warranties or guarantees of any kind.
Your use of any third-party tools is entirely at your own risk.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to third-party websites.
We are not responsible for examining or evaluating the content, accuracy or policies of any third-party websites and accept no responsibility or liability for them.
Accessing third-party websites is at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Oak & Ember is powered by Shopify, which enables us to provide our online store and ecommerce services.
However, all purchases made through this website are made directly with Ooshka Bay Ltd trading as Oak & Ember and not with Shopify.
To the fullest extent permitted by law, Shopify shall not be liable for any claims, damages or losses arising from purchases made through this website.
SECTION 10 - PRIVACY POLICY
Your submission of personal information through the store is governed by our Privacy Policy.
Certain personal information may also be processed by Shopify in order to provide ecommerce functionality and payment processing.
SECTION 11 - FEEDBACK
If you submit reviews, feedback, suggestions or other content to us, you grant Oak & Ember a worldwide, royalty-free, perpetual licence to use, reproduce and publish such content for marketing, promotional or operational purposes.
You agree that any feedback submitted:
- Does not violate any laws
- Does not infringe third-party rights
- Is not abusive, defamatory or unlawful
We reserve the right to remove content at our discretion.
SECTION 12 - ERRORS AND OMISSIONS
Occasionally there may be typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or availability.
We reserve the right to correct errors and update information at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the Services:
- For unlawful purposes
- To violate laws or regulations
- To infringe intellectual property rights
- To upload malicious code or viruses
- To spam, scrape or exploit the website
- To interfere with website security or functionality
We reserve the right to terminate access to the Services for violations of these Terms.
SECTION 14 - TERMINATION
We may terminate or suspend access to the Services at any time without notice if we believe you have breached these Terms.
Any obligations or liabilities incurred prior to termination shall survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind, either express or implied.
We do not guarantee uninterrupted, secure or error-free use of the Services.
Nothing in these Terms affects your statutory rights under applicable consumer protection laws, including your rights under the Consumer Rights Act 2015.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Ooshka Bay Ltd trading as Oak & Ember shall not be liable for any indirect, incidental, consequential or punitive damages arising from your use of the Services or products purchased through the Services.
Our total liability relating to any product purchased shall not exceed the purchase price paid for that product.
Nothing in these Terms limits liability where it would be unlawful to do so.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Ooshka Bay Ltd trading as Oak & Ember, its directors, employees, affiliates and service providers from any claim or demand arising out of your breach of these Terms or violation of any law or third-party rights.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.
SECTION 19 - WAIVER
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
SECTION 20 - ENTIRE AGREEMENT
These Terms, together with any policies posted on this website, constitute the entire agreement between you and Oak & Ember regarding your use of the Services.
SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
SECTION 22 - CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time by posting updates to this page.
Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Ooshka Bay Ltd trading as Oak & Ember
Sales@oak-and-ember.com
You may also contact us through the contact information provided on our website.