Terms of service

OVERVIEW

Welcome to Cinder’s Premium Botanicals! The terms “we,” “us,” and “our” refer to Cinder’s Premium LLC. Cinder’s Premium LLC 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”). Cinder’s Premium LLC is powered by Shopify, which enables us to provide the Services to you.

The below 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, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available through the Privacy Policy link on our website. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our 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 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 any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store 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 associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide accurate representations and descriptions of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

Many Cinder’s Premium Botanicals products contain botanical oils, plant infusions, essential oils, and other naturally derived ingredients. Natural variations in color, aroma, clarity, texture, or appearance may occur between batches. These variations are normal characteristics of botanical ingredients and do not necessarily indicate a defect or change in product quality.

We do not warrant that the appearance, aroma, texture, or other subjective qualities of any product purchased will meet every individual preference or be identical to photographs or previous batches.

All product descriptions are subject to change at any time without notice at our sole 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.

Unless expressly stated otherwise, our personal-care products are intended for external use only. Customers are responsible for reviewing product directions and ingredient information before use, particularly when they have known allergies, sensitivities, or ingredient restrictions.

We recommend discontinuing use if irritation or an unexpected reaction occurs. When appropriate, customers may wish to perform a small patch test before broader use. Individuals who are pregnant, nursing, taking medication, managing a medical condition, or concerned about a particular ingredient should consult an appropriate qualified healthcare professional before use.

Information provided through our website, product descriptions, educational materials, social media, or other Services is provided for general informational and product-education purposes. Unless a product is specifically identified and lawfully marketed for such a purpose, our products and information are not intended to diagnose, treat, cure, mitigate, or prevent disease, nor are they intended to replace individualized medical advice, diagnosis, or treatment.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Cinder’s Premium LLC reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Cinder’s Premium LLC confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Cinder’s Premium LLC may be unable to accommodate cancellation or modification requests after an order has been processed or shipped.

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, and/or phone number, if provided, associated with the order.

Your purchases are subject to our Return & Refund Policy, available through the Return & Refund Policy link on our website.

You represent and warrant that purchases made through our retail store are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - 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 at the time an order is placed and will be shown during checkout or in your order confirmation.

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

Prices offered through our online store may differ from prices offered at in-person events, markets, promotions, or other sales channels. We may offer promotions from time to time that affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a specific promotion and these Terms, the terms of that promotion will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store. You agree to promptly update your information as necessary so that we can complete transactions and contact you when needed.

You represent and warrant that any payment information you provide is true, correct, and complete; that you are duly authorized to use the selected payment method; and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Cinder’s Premium LLC currently ships only to eligible addresses within the United States, as determined by the shipping options made available at checkout.

Order-processing times and estimated delivery times are described in our Shipping Policy, available through the Shipping Policy link on our website.

All carrier transit and delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, service interruptions, incorrect customer-provided addresses, or other circumstances outside our reasonable control.

Once an order has been transferred to the shipping carrier, carrier operations and transit times are outside our direct control. However, if an order is lost, materially delayed, damaged, leaking, or otherwise affected during shipment, please contact us and we will make a reasonable effort to assist you in accordance with our Shipping Policy and Return & Refund Policy.

Nothing in these Terms is intended to waive or limit any rights or remedies that cannot legally be waived under applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, displays, images, photographs, graphics, product reviews, video, audio, product names, written content, and the design, selection, and arrangement thereof, are owned by Cinder’s Premium LLC, 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 your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except where otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other right to you under any patent, trademark, copyright, or other intellectual property belonging to Cinder’s Premium LLC, Shopify, or any third party. Unauthorized use of the Services may violate federal or state intellectual property laws. All rights not expressly granted herein are reserved by Cinder’s Premium LLC.

The Cinder’s Premium name, Cinder’s Premium Botanicals brand, logos, product names, designs, and slogans are trademarks or other intellectual property of Cinder’s Premium LLC or its affiliates or licensors, as applicable. You must not use such intellectual property without prior written permission from Cinder’s Premium LLC.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

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

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. To the extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you understand and approve of the terms under which the relevant third-party provider offers those tools.

We may also offer new features, tools, or resources through the Services in the future. Such features will be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, policies, availability, or practices of third-party materials or websites you choose to access.

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

To the extent permitted by law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third parties.

Please carefully review applicable third-party policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should generally be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Cinder’s Premium LLC 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 Cinder’s Premium LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cinder’s Premium LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Cinder’s Premium LLC to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available through the Privacy Policy link on our website.

Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have had the opportunity to review these applicable privacy policies.

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 those Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including providers located outside the state or country in which you reside, as necessary to operate our store and provide Services to you.

Please review our Privacy Policy for additional information regarding how Cinder’s Premium LLC and its service providers collect, use, disclose, and otherwise process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, photographs, proposals, plans, or other content relating to our products or Services (collectively, “Feedback”), you grant Cinder’s Premium LLC a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for lawful business purposes, including operating, evaluating, improving, and promoting our Services.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with your submission when disclosure is required; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback unless otherwise required by applicable law or agreed by us in writing.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our reasonable discretion is unlawful, offensive, threatening, defamatory, obscene, fraudulent, infringes the rights of another party, or otherwise violates these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that Feedback will not contain unlawful, abusive, or obscene content or malicious software.

You may not use a false identity or intentionally mislead us or third parties regarding the origin of Feedback. You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

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

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

If an order is canceled after payment has been collected because of an error or inaccuracy, any applicable refund will be processed in accordance with the circumstances and applicable law.

SECTION 13 - PROHIBITED USES

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

You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local law, rule, regulation, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, threaten, defame, intimidate, or harm our employees, representatives, customers, or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse material that violates these Terms; (g) to transmit or procure the sending of unauthorized advertising or promotional material, including spam or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Cinder’s Premium LLC, Shopify, or users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any unauthorized portion of the Services; (c) collect or track the personal information of others without authorization; (d) spam, phish, pharm, scrape, or pretext the Services; (e) use robots, spiders, scraping tools, data-gathering or extraction tools, automated devices, AI tools, or automated or manual processes to access the Services in violation of restrictions we impose; or (f) interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures used to restrict access to the Services.

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

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed on behalf of or using a person’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in accordance with the requirements described in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from such access, use, or interaction.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must: (i) identify in HTTP/HTTPS requests that a request originates from an Agent and disclose the name of the Agent by including appropriate identification in the request’s user-agent string; (ii) not conceal or obfuscate that access, use, or interaction originates from an Agent, including by mimicking human behavior for the purpose of avoiding detection or circumventing CAPTCHAs or similar measures; (iii) respond truthfully to questions or prompts intended to determine whether an interaction originates from a human or computer; and (iv) not circumvent measures intended to block, limit, modify, or control how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion when permitted by applicable law, including if you violate these Terms.

You will remain responsible for amounts properly due through the effective date of termination.

The following sections will continue to apply following termination to the extent their nature requires survival: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of information except as required by applicable law. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY CINDER’S PREMIUM LLC OR AS OTHERWISE REQUIRED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED OR OTHER WARRANTIES. IN SUCH JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CINDER’S PREMIUM LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SUCH EXCLUSIONS OR LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cinder’s Premium LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from: (1) your material breach of these Terms of Service or documents incorporated by reference; (2) your violation of applicable law or the rights of a third party; or (3) your unlawful or unauthorized access to or use of the Services.

We will notify you of an indemnifiable claim within a reasonable time after becoming aware of it, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such a claim at your expense where permitted by law, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to reasonably cooperate in the defense of indemnified claims, including by providing relevant information or documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us regarding use of the Services and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to that subject matter.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent, and any unauthorized attempt to do so will be void to the extent permitted by law.

We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a merger, acquisition, sale, restructuring, transfer of business assets, or other lawful business transaction, or as otherwise permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which Cinder’s Premium LLC provides Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and applicable federal law, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

To the extent permitted by applicable law, you and Cinder’s Premium LLC consent to venue and personal jurisdiction in state or federal courts of competent jurisdiction located in the Commonwealth of Virginia.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

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

When required by applicable law, we will provide notice of material changes, and those changes will become effective on the date specified in the notice.

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

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Cinder’s Premium LLC
Email: info@cinderspremium.com
Address: 8401 Mayland Dr, Ste S, Richmond, Virginia, United States