Eclectic Embers Terms and Conditions
Effective Date: March 2026
These Terms and Conditions ("Terms") govern your access to and use of the website EclecticEmbers.com (the "Site"), operated by Kim MacKendrick ("I," "me," or "my"), an independent artist based in West Carrollton, Ohio, USA. By accessing the Site, browsing, or placing an order for my handmade wood inlay pieces or earrings, you agree to these Terms. If you do not agree, please do not use the Site or make purchases.
1. Use of the Site
- You may use the Site only for lawful purposes and in accordance with these Terms.
- You agree not to: copy, reproduce, or distribute my artwork/images without permission; use the Site to transmit viruses or harmful code; attempt to gain unauthorized access; or interfere with the Site's operation.
- I may terminate or suspend your access at any time for any reason.
2. Products and Orders
- All items are handmade using natural wood and inlay materials. No two pieces are identical—natural variations in grain, color, texture, knots, inlay placement, and minor imperfections are expected and part of the handmade charm, not defects.
- Product descriptions and images are accurate to the best of my ability, but slight differences may occur due to natural materials, lighting, and screen variations.
- Orders are offers to purchase. I reserve the right to accept, refuse, cancel, or limit any order (e.g., due to pricing errors, stock issues, or suspected fraud). If I cancel, I'll refund any payment received.
- Availability is not guaranteed—items are one-of-a-kind or small-batch.
3. Pricing and Payment
- Prices are in USD and listed on the Site. They exclude shipping, taxes, and fees (added at checkout).
- Payment is due in full at checkout via most major credit cards through Square.
- I do not store full payment details—transactions are handled securely by third-party processors (Square) with their own policies.
- You are responsible for any additional fees (e.g., customs for international, though not currently offered).
4. Intellectual Property
- All photos and content on the Site are my original work and protected by copyright and other intellectual property laws.
- Purchasing an item grants you ownership of the physical piece only—not reproduction, distribution, or commercial use rights unless explicitly stated.
- You may not use my images or designs for your own purposes without written permission.
5. Limitation of Liability
- To the fullest extent permitted by law, I am not liable for indirect, incidental, consequential, or punitive damages arising from use of the Site or products (e.g., allergic reactions to materials—though rare with wood/earrings—or dissatisfaction with natural variations).
- My total liability shall not exceed the amount paid for the product in question.
- Products are sold "as is." I make no warranties beyond those in my Return Policy (e.g., no implied warranties of merchantability for handmade uniqueness).
6. Indemnification
You agree to indemnify and hold me harmless from claims arising from your misuse of the Site or violation of these Terms.
7. Governing Law and Disputes
These Terms are governed by the laws of the State of Ohio, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in courts located in Ohio.
8. Changes to Terms
I may update these Terms occasionally. Continued use of the Site after changes constitutes acceptance. Check the "Effective Date" for the current version.
9. Contact
Questions? Email EclecticEmber@gmail.com
Thank you for supporting handmade work!