Terms And Conditions

Terms and Conditions

Effective Date: April 15, 2025

Welcome to Embers Fireplace and Grill Store, located at 7114 Moores Lane, Brentwood, Tennessee, 37027. These Terms and Conditions ("Terms") govern your access to the products, goods, and services (collectively, the "Services") offered by Embers Holdings, LLC d/b/a Embers Fireplace and Grill Store ("Embers"), whether in person or via our website at www.embersstore.com.

Please read these Terms carefully. By using our Services, you agree to be bound by these Terms. If you do not agree, you must refrain from using our Services.

Payment

You agree to pay in full the total amount listed on your Sales Order by the delivery date of the Services. Late or failed payments may result in additional fees or cancellation of the order at Embers’ sole discretion.

Limited Warranty

Embers warrants to the original consumer purchaser that merchandise purchased will be free from defects in materials and workmanship for one (1) year from the date of delivery. This warranty is non-transferable and applies only if the merchandise remains at the original, non-commercial delivery site.

Disclaimer: To the fullest extent allowed by law, Embers expressly limits the duration of any implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, to the same one (1) year period. All other warranties are disclaimed after this period.

To Request Warranty Service:

You must notify Embers of any covered defect in writing within the one-year period. Please submit requests to:

Address: 7114 Moores Ln, Brentwood, Tennessee 37027
Phone: (615) 309-7738

Exclusions from Warranty

This warranty does not cover the following:

Wear, fading, or shrinkage of fabrics
Damage from misuse, abuse, accidents, or alterations
Discoloration from exposure to light
Natural variations in wood grain, color, or stone texture
Ridges or surface variations in wicker, marble, or stone
Mold, mildew, dirt, or pilling
Rust, paint fading, or oxidation
Cracks and imperfections in teak or reclaimed wood
Damage due to wind or failure to follow care instructions

If a defect is confirmed within the warranty period, Embers will, at its sole discretion, either: (1) repair the item, (2) replace it with the same or equivalent item, or (3) refund the purchase price in exchange for return of the product.

Limitation of Liability

To the maximum extent permitted by law, Embers’ liability for any claim related to your use of the Services—whether in contract, tort, or otherwise—is strictly limited to the amount paid for the goods in question. Under no circumstances will Embers be liable for indirect, incidental, punitive, or consequential damages.

Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by the laws of the State of Tennessee, without regard to conflict of law principles.

You consent to the exclusive jurisdiction and venue of the state courts in Williamson County, Tennessee, and the U.S. District Court for the Middle District of Tennessee for any legal disputes arising under or related to these Terms. You waive any objection based on inconvenient forum or improper venue.

Collection & Attorney’s Fees

If Embers incurs legal or collection costs due to non-payment, you agree to reimburse all reasonable costs, including attorneys' fees, court costs, interest, and other collection-related expenses.

Assignment

You may not assign any of your rights or obligations under these Terms without prior written consent from Embers. Any unauthorized assignment is void.

Waiver

No waiver of any term or condition by Embers shall be deemed a continuing waiver of any other term or condition, nor a waiver of any subsequent breach.

Entire Agreement

These Terms constitute the entire agreement between you and Embers regarding the subject matter hereof and supersede all prior or contemporaneous agreements, communications, and understandings—oral or written.