Terms and Conditions

Welcome to Amber Hearth – Please Read These Terms Carefully

Effective Date: January 1, 2024
Last Updated: January 1, 2024

These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between you (“Customer”, “User”, “You”, “Your”) and Amber Hearth (“Company”, “We”, “Us”, “Our”), governing your access to and use of our website located at amberhearth.shop (the “Site”), including any purchases of products, services, or content made available through the Site.

By accessing, browsing, or using our Site, or by purchasing any product from Amber Hearth, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately stop using our Site and refrain from making any purchases.

Please note: These Terms contain important provisions regarding dispute resolution, limitation of liability, and indemnification. Section 18 of this Agreement requires binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By agreeing to these Terms, you waive your right to participate in class action lawsuits or class-wide arbitrations.

1. Definitions {#definitions}

For the purpose of these Terms, the following definitions apply:

  • “Site” means the website located at amberhearth.shop, including all subdomains, mobile versions, and related applications.

  • “Product” or “Products” means any t-shirt, apparel item, accessory, or other goods offered for sale on our Site.

  • “Order” means a request submitted by you to purchase one or more Products from Amber Hearth.

  • “Account” means a registered user account on our Site that stores your personal information, order history, and preferences.

  • “Content” means any text, images, graphics, designs, logos, videos, audio, software, or other materials published on our Site.

  • “User Content” means any content you submit, post, upload, or otherwise make available to our Site, including product reviews, comments, photos, or messages.

  • “Stripe” means Stripe, Inc., our third-party payment processor.

  • “Carrier” means any shipping or delivery service (USPS, FedEx, UPS, DHL, etc.) used to transport Products to you.

  • “Business Days” means Monday through Friday, excluding federal holidays observed in the United States (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day).

  • “Mountain Time” refers to Mountain Time Zone (MT), which is observed at our headquarters in West Jordan, Utah.

2. Eligibility – Who May Use Our Site {#eligibility}

Age Requirement

You must be at least 18 years of age (or the age of majority in your jurisdiction of residence) to create an Account, place an Order, or otherwise use our Site. By using our Site, you represent and warrant that you meet this age requirement.

If you are under 18, you may only use our Site under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms. Parents and guardians are fully responsible for the online activities of their minor children, including all purchases made by minors.

Residency & Legal Capacity

You represent that you are a resident of a jurisdiction where the purchase of apparel products is legal and that you have the full legal capacity to enter into a binding contract. You agree to provide accurate, current, and complete information about yourself as prompted by our checkout process.

Business Use

If you are using our Site on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms. The term “you” shall include both the individual user and the entity they represent.

3. Account Registration & Security {#account-registration}

Account Creation

While you may browse our Site and place Orders as a “guest” without creating an Account, we strongly recommend creating an Account to enjoy benefits such as:

  • Faster checkout (saved shipping and billing information)

  • Order history and tracking

  • Saved favorite designs

  • Exclusive promotions and early access to sales

To create an Account, you must provide a valid email address and create a password. You may also sign in using Google or other third-party authentication methods if we offer them.

Accuracy of Information

You agree to provide truthful, accurate, current, and complete information during Account registration and to update such information promptly if it changes. We reserve the right to suspend or terminate any Account that we suspect contains false, inaccurate, or outdated information.

Security of Your Credentials

You are solely responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account, whether or not authorized by you. You agree to:

  • Not share your password with any third party

  • Use a strong, unique password that you do not use on other websites

  • Immediately notify us at marga.trading.amz@gmail.com if you suspect any unauthorized access to your Account

We will not be liable for any loss or damage arising from your failure to protect your Account credentials. If you forget your password, you may use the “Forgot Password” feature on our Site to reset it.

Account Deletion

You may request deletion of your Account at any time by emailing marga.trading.amz@gmail.com. Upon deletion, we will remove your personal information in accordance with our Privacy Policy, but we may retain certain transactional data (e.g., order history) as required by law or for legitimate business purposes.

4. Products, Pricing, & Availability {#products-pricing}

Product Descriptions

We strive to display our Products as accurately as possible through text descriptions, images, and videos. However, we cannot guarantee that your monitor’s display of any color, texture, or detail will be accurate. Actual Products may vary slightly from images due to differences in screen resolution, lighting during photography, and manufacturing variations.

We do not warrant that product descriptions, images, or other Content on our Site are error-free, complete, reliable, current, or free from inaccuracies. If a Product offered by Amber Hearth is not as described, your sole remedy is to return it in accordance with our Return Policy.

Pricing & Currency

All prices displayed on our Site are in United States Dollars (USD) unless otherwise indicated. Prices do not include shipping, handling, or applicable taxes (sales tax, VAT, GST, etc.), which will be calculated and displayed at checkout.

Our standard price range is $4–$8 per t-shirt. However, we reserve the right to:

  • Change prices at any time without prior notice

  • Offer limited-time promotions, discounts, or flash sales

  • Adjust pricing based on market conditions, supply chain costs, or other factors

Price Guarantee: If you purchase a Product and the price drops within 7 days of your purchase date, we will refund the difference upon request (email marga.trading.amz@gmail.com with your order number). This guarantee does not apply to clearance, final sale, or limited-quantity flash sales.

Taxes

You are responsible for all taxes associated with your purchase. For orders shipped within Utah, we are required to collect state sales tax. For orders shipped to other U.S. states or international destinations, tax collection depends on applicable laws (e.g., economic nexus laws). If taxes are not collected at checkout, you are solely responsible for self-reporting and paying any use tax to your local taxing authority.

Product Availability & Limitations

All Products are subject to availability. We reserve the right to:

  • Discontinue any Product at any time without notice

  • Limit the quantity of Products available for purchase (per customer, per address, or per order)

  • Reject or cancel any Order for any reason, including if a Product becomes unavailable after your Order is placed

If a Product becomes unavailable after you place an Order but before shipment, we will notify you via email and offer:

  • A full refund for the unavailable item (if you do not want a substitute), or

  • A comparable replacement (if available and acceptable to you)

Clearance & Final Sale Items

Products marked as “Clearance,” “Final Sale,” “As-Is,” or with similar designations cannot be returned or exchanged unless defective. Such items are sold at deeply discounted prices with no warranty other than manufacturing defects.

5. Orders & Acceptance {#orders-acceptance}

Submitting an Order

To submit an Order, you must:

  1. Add Products to your cart

  2. Provide accurate shipping and billing information

  3. Select a payment method and complete payment through Stripe

  4. Review and confirm your Order

After you click the “Place Order” or “Pay Now” button, you will receive an automated email acknowledging receipt of your Order. This email does not constitute acceptance of your Order; it is only confirmation that we have received it.

Order Acceptance

Your Order becomes a binding contract only when we send you a Shipment Confirmation Email indicating that your Products have been dispatched. We reserve the right to reject or cancel any Order for any reason prior to shipment, including but not limited to:

  • The Product is out of stock or discontinued

  • We suspect fraud or unauthorized transaction

  • Your billing or shipping information is incomplete or invalid

  • A pricing or description error occurred on our Site

  • You violate any provision of these Terms

If we cancel your Order after payment but before shipment, we will issue a full refund within 2–3 business days.

Order Modifications & Cancellations

You may request to modify or cancel your Order by emailing marga.trading.amz@gmail.com immediately after placing it. Because we process Orders rapidly (often within 1–2 hours), we cannot guarantee that modifications or cancellations will be possible. If your Order has already entered the fulfillment process (packing or shipping), you must follow our standard Return Policy after receiving the Products.

Order Limits & Resale Prohibition

Amber Hearth sells Products for personal, non-commercial use only. We reserve the right to limit or prohibit Orders that appear to be placed for resale, wholesale distribution, or commercial purposes without our prior written authorization. If you wish to purchase Products for resale, please contact us at marga.trading.amz@gmail.com to discuss wholesale arrangements.

We may, in our sole discretion, limit the quantity of Products per household, per address, or per customer (using email, IP address, or payment method). Violation of these limits may result in Order cancellation and Account suspension.

6. Payments & Billing {#payments-billing}

Payment Methods

We accept the following payment methods through our secure Stripe integration:

  • Visa (credit and debit)

  • Mastercard (credit and debit)

  • American Express

  • Discover

  • Apple Pay

  • Google Pay

We do not accept cash, checks, money orders, wire transfers, cryptocurrency, or PayPal at this time.

Billing Information

You represent and warrant that:

  • The payment information you provide is accurate, complete, and current

  • You are authorized to use the selected payment method

  • You will promptly update your billing information if it changes (e.g., new card number, expiration date, or billing address)

We use Stripe to process payments. By submitting your payment details, you authorize Stripe to charge the full amount of your Order (including taxes and shipping) to your selected payment method.

Authorization Holds

When you place an Order, Stripe may place a temporary authorization hold on your card for the total amount. This hold reduces your available credit but is not a charge. The hold will typically drop off within 1–7 business days, depending on your bank. If your Order is canceled, you will not be charged; the hold will expire automatically.

Failed Payments

If your payment is declined for any reason (insufficient funds, incorrect CVV, expired card, fraud block, etc.), your Order will not be processed. You will receive an error message at checkout. We do not store declined payment information. You may attempt again with a different payment method or contact your bank to resolve the issue.

Invoicing & Receipts

After successful payment, we will email a receipt to the address you provided. This receipt serves as your invoice. If you require a formal invoice for business or tax purposes, email marga.trading.amz@gmail.com with your order number.

Payment Disputes & Chargebacks

If you believe a charge on your statement is incorrect, please contact us first at marga.trading.amz@gmail.com before filing a dispute with your bank. We will investigate and resolve most issues within 24–48 hours.

If you file an unwarranted chargeback (i.e., you received the Product as described but disputed the charge anyway), we reserve the right to:

  • Permanently close your Account and ban you from future purchases

  • Report the chargeback to Stripe and credit reporting agencies

  • Pursue collection of the disputed amount plus $25 processing fee

7. Shipping & Delivery {#shipping-delivery}

Shipping Policy Overview

All shipping terms are detailed in our separate Shipping Policy, which is incorporated into these Terms by reference. By placing an Order, you agree to the Shipping Policy. Key terms include:

  • Processing Time: Orders are processed within 1–2 business days (often same-day for orders placed before 2 PM MT).

  • Domestic Shipping (USA): Standard shipping 3–7 business days; expedited options available.

  • International Shipping: 6–20 business days depending on destination. Customs delays may extend delivery.

  • Shipping Costs: Calculated at checkout based on weight, destination, and method.

  • Free Shipping: Available for USA orders over $50 (after discounts).

Risk of Loss

Title and risk of loss for Products pass to you upon our delivery to the carrier. We are not responsible for:

  • Lost, stolen, or delayed packages after carrier pickup

  • Damage caused by carrier mishandling (though we will assist with claims)

  • Incorrect shipping addresses provided by you

If your package is marked “delivered” by the carrier but you have not received it, please:

  1. Check with neighbors, building management, or your local post office

  2. Wait 2–3 business days (carriers sometimes mark packages delivered early)

  3. Contact us with your order number – we will open a trace with the carrier

Undeliverable Packages

If a package is returned to us as undeliverable (e.g., wrong address, refused by recipient, unclaimed at post office), we will:

  • Notify you via email

  • Offer to reship the package (you pay new shipping costs)

  • Or cancel the Order and refund the Product price minus original and return shipping fees

Customs, Duties & Import Fees (International Orders)

You are solely responsible for any customs duties, import taxes, brokerage fees, or other charges imposed by your country’s government or carrier. We have no control over these fees and cannot predict them. Please check with your local customs office before ordering.

If you refuse to pay customs fees and the package is abandoned or returned to us, we will refund the Product price minus:

  • Original shipping cost (non-refundable)

  • Return shipping cost charged by carrier

  • Any customs penalties or storage fees

8. Returns, Refunds, & Exchanges {#returns-refunds}

Return Policy Overview

Our Refund and Return Policy is a separate document that forms part of these Terms. By making a purchase, you agree to its terms. In summary:

  • 30-day return window for standard returns (wrong size, changed mind)

  • 60-day window for defective Products

  • 14-day window for shipping damage

  • Customer pays return shipping unless the error is ours

  • Refunds issued to original payment method or store credit (with 5% bonus)

Exceptions

Notwithstanding the Return Policy, we reserve the right to refuse returns that:

  • Show signs of wear, washing, or alteration

  • Are returned without an RMA number

  • Are received after the applicable deadline

  • Are on the non-returnable list (clearance, final sale, custom items)

Fraudulent Returns

We actively monitor return patterns. If we detect abuse (e.g., returning different items, false defect claims, excessive returns), we may:

  • Deny the return

  • Close your Account

  • Ban your email, address, and payment methods from future purchases

9. Intellectual Property Rights {#intellectual-property}

Our Intellectual Property

All Content on the Amber Hearth Site, including but not limited to:

  • Text, articles, descriptions, and blog posts

  • Graphics, logos, icons, and images

  • Product designs, prints, and artwork

  • Software, code, and website structure

  • Trademarks, service marks, and trade dress

is the exclusive property of Amber Hearth or our licensors and is protected by United States and international copyright, trademark, patent, and trade secret laws.

You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Content without our express written permission

  • Use any of our trademarks or logos in any manner that suggests endorsement or affiliation without authorization

  • Copy, scrape, or harvest any data from our Site using automated tools (bots, crawlers, scrapers)

Limited License to You

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our Site for personal, non-commercial purposes. This license does not include:

  • Any resale or commercial use of our Products or Content

  • Any derivative use of our Site or Content

  • Any downloading or copying of account information for the benefit of another merchant

Design Ownership

The graphic designs printed on our t-shirts are original creations of Amber Hearth or our partner artists. You acquire no ownership rights to the designs themselves by purchasing a t-shirt. You may not reproduce, reprint, or commercially exploit any design without a separate licensing agreement.

Copyright Infringement Claims (DMCA)

We respect the intellectual property rights of others. If you believe that any Content on our Site infringes your copyright, please provide our Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of the copyright owner or authorized representative

  2. Identification of the copyrighted work claimed to be infringed

  3. Identification of the material that is claimed to be infringing (including URL)

  4. Your contact information (address, phone, email)

  5. A statement that you have a good faith belief that use is not authorized

  6. A statement under penalty of perjury that your notice is accurate and you are authorized to act

Send DMCA notices to: marga.trading.amz@gmail.com (Subject: DMCA Notice)

We will respond to valid notices and may remove infringing content and terminate repeat infringers’ Accounts.

10. User-Generated Content & Reviews {#user-content}

Submitting Content

Our Site may allow you to post product reviews, comments, photos, or other User Content. By submitting User Content, you grant Amber Hearth a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to:

  • Use, reproduce, modify, adapt, publish, translate, distribute, and display such Content

  • Use your name and likeness in connection with the Content (if you provide them)

  • Incorporate the Content into marketing, advertising, or promotional materials

Your Representations & Warranties

You represent and warrant that:

  • You own or have the necessary licenses to the User Content you submit

  • Your User Content does not violate any third-party rights (copyright, trademark, privacy, publicity)

  • Your User Content is not defamatory, obscene, harassing, hateful, or illegal

  • Your User Content does not contain viruses, malware, or harmful code

Moderation & Removal

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content for any reason, including content that violates these Terms. We are not responsible for the accuracy, reliability, or legality of User Content posted by others.

Reviews & Ratings

When submitting a product review, please be honest and constructive. We do not pay for or incentivize positive reviews. We may use third-party services (e.g., Trustpilot, Google Customer Reviews) to collect and display feedback.

11. Prohibited Conduct {#prohibited-conduct}

You agree not to engage in any of the following prohibited activities:

  • Unauthorized Access: Attempting to access non-public areas of our Site, our servers, or any third-party systems connected to our Site.

  • Interference: Interfering with or disrupting the integrity or performance of our Site, including introducing viruses, worms, or malicious code.

  • Automated Access: Using bots, crawlers, scrapers, or other automated means to access our Site or collect data without permission.

  • Fraud: Using a false identity, impersonating another person, or providing false information to create an Account or place an Order.

  • Resale Without Authorization: Purchasing Products for resale without a written wholesale agreement.

  • Harassment: Abusing our customer support team or other users with threatening, vulgar, or harassing language.

  • Illegal Activities: Using our Site for any unlawful purpose or in violation of any applicable local, state, national, or international law.

Violation of these prohibitions may result in immediate termination of your Account, civil or criminal liability, and a permanent ban from future purchases.

12. Third-Party Links & Services {#third-party}

Our Site may contain links to third-party websites, applications, or services (“Third-Party Services”) that are not owned or controlled by Amber Hearth. We provide these links for your convenience only and do not endorse or assume any responsibility for the content, privacy practices, or terms of such Third-Party Services.

Your interactions with Third-Party Services are solely between you and the third party. We are not liable for any loss or damage arising from your use of or reliance on any Third-Party Service.

Specifically, we use Stripe for payment processing. Your payment information is handled by Stripe in accordance with its own terms and privacy policy. We are not responsible for Stripe’s actions or omissions.

13. Disclaimer of Warranties {#disclaimer}

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMBER HEARTH PROVIDES THE SITE AND ALL PRODUCTS “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT

  • WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE

  • WARRANTIES THAT PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS

  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly stated in these Terms.

14. Limitation of Liability {#limitation-liability}

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMBER HEARTH, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • LOSS OF PROFITS, REVENUE, OR SAVINGS

  • LOSS OF DATA OR GOODWILL

  • BUSINESS INTERRUPTION

  • PERSONAL INJURY OR PROPERTY DAMAGE

  • COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, ANY PRODUCTS PURCHASED, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR PURCHASE OF PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification {#indemnification}

You agree to defend, indemnify, and hold harmless Amber Hearth and our officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or related to:

  1. Your violation of any provision of these Terms

  2. Your violation of any third-party right, including intellectual property, privacy, or publicity rights

  3. Your violation of any applicable law, rule, or regulation

  4. Any User Content you submit

  5. Your use of our Site or Products in a manner not expressly authorized by these Terms

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

16. Privacy & Data Protection {#privacy}

Your privacy is critically important to us. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using our Site or purchasing Products, you consent to our data practices as described in the Privacy Policy.

Key points:

  • We collect information you provide (name, email, address, payment details via Stripe)

  • We automatically collect certain technical data (IP address, browser type, device info)

  • We use cookies and similar tracking technologies

  • We do not sell your personal information to third parties

  • You have rights to access, correct, or delete your data

For complete details, please read our Privacy Policy.

17. Termination & Suspension {#termination}

Termination by You

You may terminate your Account at any time by emailing marga.trading.amz@gmail.com and requesting deletion. Termination does not relieve you of any obligations to pay for Orders already placed.

Termination by Us

We may suspend or terminate your access to our Site and your Account immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of any provision of these Terms

  • Fraudulent, abusive, or illegal activity

  • Non-payment of any amounts owed

  • Request by law enforcement or government agency

  • Unexpected technical or security issues

Effect of Termination

Upon termination:

  • Your right to use our Site ceases immediately

  • We may delete your Account and all associated data (subject to our Privacy Policy)

  • Outstanding Orders may be canceled or fulfilled at our discretion (with refunds for canceled items)

  • Sections that by their nature should survive (intellectual property, disclaimer, limitation of liability, indemnification, arbitration, governing law) will remain in force.

18. Dispute Resolution – Binding Arbitration {#arbitration}

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS.

Agreement to Arbitrate

You and Amber Hearth agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Site, or any Products purchased (each, a “Dispute”) shall be resolved exclusively by binding individual arbitration, rather than in court.

The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the claim is filed. The arbitration will be conducted in English, in Salt Lake County, Utah, unless you request a telephone or video hearing and we agree.

Class Action Waiver

YOU AND AMBER HEARTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court (if the claim qualifies) or seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

Arbitration Procedure

  • The party initiating arbitration must send a written notice to the other party describing the Dispute.

  • For claims under $10,000, the arbitration will be conducted solely on the basis of documents submitted unless a hearing is requested.

  • For claims over $10,000, the arbitration will include a hearing by videoconference or telephone unless the parties agree otherwise.

  • The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Costs & Fees

Each party shall bear its own attorneys’ fees and costs. However, if you are the prevailing party in the arbitration, we will reimburse your filing and arbitrator fees up to $500. If we prevail, you agree to pay your own fees.

Opt-Out Right

You may opt out of this arbitration provision within 30 days of the date you first agree to these Terms by sending a written notice to marga.trading.amz@gmail.com stating your name, address, and intent to opt out. If you opt out, you will not be bound by this arbitration provision, but all other Terms remain in effect.

Severability

If any portion of this arbitration provision is found unenforceable, the remainder shall remain in effect. If the class action waiver is deemed unenforceable, the entire arbitration provision shall be void, and the Dispute shall proceed in court.

19. Governing Law & Jurisdiction {#governing-law}

These Terms and any Dispute arising from them shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

For any Dispute not subject to arbitration (as set forth in Section 18), you and Amber Hearth agree to submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Salt Lake County, Utah. You waive any objection based on improper venue or forum non conveniens.

20. Severability & Waiver {#severability}

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Amber Hearth. No waiver of any breach shall constitute a waiver of any prior, concurrent, or subsequent breach.

21. Changes to These Terms {#changes}

We reserve the right to update or modify these Terms at any time without prior notice. The most current version will be posted on our Site with the “Last Updated” date at the top. Changes become effective immediately upon posting.

Your continued use of our Site after any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using our Site and cancel any pending Orders.

For material changes (e.g., dispute resolution, liability limitations), we will make reasonable efforts to notify you via email or a prominent notice on our Site at least 30 days before the changes take effect.

22. Entire Agreement {#entire-agreement}

These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy (each incorporated by reference), constitute the entire and exclusive agreement between you and Amber Hearth regarding your use of our Site and purchase of Products, superseding any prior or contemporaneous agreements, communications, or representations (whether oral or written).

Any terms or conditions contained in any purchase order, acknowledgment, invoice, or other document you provide are expressly rejected and shall have no force or effect.

23. Contact Information {#contact-terms}

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Amber Hearth
7533 S Center View Ct Ste R
West Jordan, UT, 84084
United States

Email: marga.trading.amz@gmail.com
(Include “Terms of Service” in the subject line for faster routing)

Phone: +84814592700
(Monday–Friday, 9 AM–6 PM Mountain Time)

Acknowledgment

BY USING THE AMBER HEARTH WEBSITE OR PURCHASING ANY PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION 18.

If you do not agree, do not use our Site or purchase our Products.

Thank you for taking the time to read our Terms and Conditions. We appreciate your business and your trust in Amber Hearth.