Terms of Service

Overview

This website is operated by Sequoia's Embrace, Inc., doing business as Color & Flame. Throughout the site, the terms “we,” “us,” and “our” refer to Sequoia's Embrace, Inc. dba Color & Flame.

By visiting our website, purchasing a product, or otherwise using our website and services, you agree to these Terms of Service and any policies referenced within them.

Please read these Terms carefully before using our website. If you do not agree with these Terms, you should not use the website or purchase products through it.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform that allows us to offer our products and services to you.

1. Online Store Terms

By using this website, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have permission from a parent or legal guardian where required.

You may not use our website, products, or services for any unlawful or unauthorized purpose or violate any applicable laws while using the website.

You may not transmit viruses, malicious code, or other technology intended to damage, disrupt, or interfere with the website or its services.

We reserve the right to refuse or terminate access to our services if these Terms are violated.

2. Products and Availability

We make reasonable efforts to accurately describe and photograph the products offered on our website. Because screens and devices display colors differently, we cannot guarantee that every color shown online will appear exactly the same in person.

Products may be available in limited quantities and may be modified or discontinued at any time.

We reserve the right to limit product quantities, restrict sales, or cancel orders when reasonably necessary, including in cases involving suspected fraud, resale activity, pricing errors, inventory errors, or other unusual circumstances.

Product descriptions, availability, and pricing may change without notice.

3. Pricing and Payments

Prices shown on our website are subject to change without notice.

You agree to provide current, complete, and accurate billing, shipping, and payment information when placing an order.

If information associated with an order is inaccurate or incomplete, we may contact you for clarification or cancel the order if we are unable to complete it.

Payment processing may be provided by Shopify or other third-party payment providers and is subject to their applicable terms and privacy practices.

4. Orders, Shipping, Returns, and Refunds

Orders are subject to product availability and successful payment authorization.

Order processing, shipping, delivery, lost-package concerns, and related matters are governed by our Shipping Policy.

Returns, non-returnable products, damaged or defective merchandise, exchanges, and refunds are governed by our Refund Policy.

By placing an order, you agree to the Shipping Policy and Refund Policy in effect at the time of your purchase.

5. Product Use and Safety

Our products should be used only as directed and in accordance with any instructions, warnings, ingredient information, or safety guidance provided with the product or on our website.

Customers are responsible for reviewing product information before use and determining whether a product is appropriate for their individual needs.

Discontinue use of any personal care or fragrance product if irritation or an adverse reaction occurs.

Candles and other products involving flame or heat should never be left unattended and should be used according to the safety instructions provided.

6. Accuracy of Website Information

We make reasonable efforts to keep the information on our website accurate and current. However, the website may occasionally contain typographical errors, inaccuracies, or omissions involving product descriptions, pricing, promotions, availability, shipping information, or other content.

We reserve the right to correct errors, update information, or cancel an affected order when appropriate, including after an order has been submitted.

Historical or archived information may be provided for reference and may not reflect current products, pricing, policies, or availability.

7. Intellectual Property

Unless otherwise stated, the website and its content—including text, photographs, graphics, product names, branding, designs, logos, and other original materials—are owned by or licensed to Sequoia's Embrace, Inc. dba Color & Flame.

You may not reproduce, copy, distribute, sell, modify, or commercially exploit our website content without prior written permission except where permitted by law.

8. Reviews, Comments, and Other Submissions

If you submit a product review, comment, photograph, suggestion, feedback, or other material to us or through features available on our website, you represent that you have the right to submit that content.

You agree that your submissions will not violate the intellectual property, privacy, publicity, or other rights of another person and will not contain unlawful, abusive, fraudulent, defamatory, obscene, or malicious material.

We may moderate, remove, or decline to publish submitted content that violates these Terms or our policies.

By voluntarily submitting content for publication, you grant us permission to use, reproduce, display, and share that content in connection with our website, products, marketing, and business operations, subject to applicable law.

9. Third-Party Services and Links

Our website may include tools, applications, payment services, links, or content provided by third parties.

We do not control third-party websites or services and are not responsible for their content, availability, security, policies, or practices.

Your use of third-party websites and services is subject to the terms and policies of those third parties.

10. Personal Information

Your submission and use of personal information through our website is governed by our Privacy Policy.

11. Prohibited Uses

You may not use our website or its content:

• For unlawful or fraudulent purposes;

• To violate applicable laws or regulations;

• To infringe our intellectual property rights or those of another party;

• To submit false or misleading information;

• To harass, threaten, abuse, defame, or unlawfully discriminate against others;

• To transmit viruses, malware, or other harmful code;

• To collect personal information about others without authorization;

• To spam, phish, scrape, crawl, or otherwise misuse the website;

• To interfere with the security, functionality, or operation of the website; or

• To attempt to circumvent security features or access restrictions.

We reserve the right to restrict or terminate access to the website for violations of these Terms.

12. Disclaimer of Warranties

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

Except where otherwise required by law or expressly stated by us, the website and services are provided on an “as is” and “as available” basis.

Nothing in these Terms is intended to exclude or limit any warranty, right, or remedy that cannot legally be excluded or limited.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Sequoia's Embrace, Inc. dba Color & Flame, and its officers, directors, employees, affiliates, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the website or products purchased through it.

Where applicable law does not allow certain exclusions or limitations of liability, our liability will be limited only to the extent permitted by law.

Nothing in these Terms limits liability where doing so would be prohibited by applicable law.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Sequoia's Embrace, Inc. dba Color & Flame and its officers, directors, employees, affiliates, contractors, suppliers, and service providers from claims or demands arising from your unlawful use of the website, your violation of these Terms, or your violation of the rights of another party.

15. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

16. Termination

These Terms remain effective while you use our website or services.

We may suspend or terminate access to the website if we reasonably believe these Terms have been violated.

Any obligations or liabilities incurred before termination will survive termination where applicable.

17. Entire Agreement

These Terms of Service, together with our posted policies and any other operating rules referenced on the website, constitute the agreement governing your use of the website and our services.

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

18. Governing Law

These Terms and your use of our website are governed by applicable federal and state laws of the United States, without limiting any consumer rights that apply to you under applicable law.

19. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our website, products, services, policies, or legal requirements.

The most current version will be posted on this page. Your continued use of the website after updated Terms are posted constitutes acceptance of those changes to the extent permitted by law.

20. Contact Information

Questions about these Terms of Service may be sent to:

Color & Flame
Sequoia's Embrace, Inc.
colorandflameinfo@gmail.com