Terms of service

OVERVIEW
Welcome to Cellar & Ash.

This website is operated by Cellar & Ash, a brand operated by TheCandleNurse LLC. Throughout the site, the terms "we", "us" and "our" refer to Cellar & Ash. Cellar & Ash 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.

Cellar & Ash is powered by Shopify, which enables us to provide our online store and related services to you.

The terms and conditions below, together with any policies referenced in these Terms of Service, describe your rights and responsibilities when you use our website, shop from our online store, or purchase our products.

Please read these Terms of Service carefully. They include important information about product use, order processing, shipping, returns, warranty disclaimers, and limitations of liability.

By visiting, interacting with, purchasing from, or using our website or services, you agree to be bound by these Terms of Service, our Privacy Policy, our Shipping Policy, and our Return and Refund Policy. If you do not agree to these terms or policies, you should not use or access our website or 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 or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this website on devices you own, purchase, or manage.

To use certain features of the website, browse our online store, or purchase products, you may be asked to provide information such as your name, email address, billing address, shipping address, payment information, and order details.

You represent and warrant that all information you provide is accurate, complete, current, and that you have all rights necessary to provide this information.

You are responsible for maintaining the confidentiality and security of any account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS
Cellar & Ash offers handcrafted home fragrance products, which may include candles, wax melts, room and linen sprays, discovery sets, seasonal items, and related products.

We make every effort to display product details, fragrance descriptions, sizes, pricing, availability, product images, and other information as accurately as possible. However, colors, product appearance, wax finish, packaging, label placement, and vessel details may vary from what appears on your screen due to device settings, lighting, photography, monitor differences, and the handmade nature of our products.

Because our products are handcrafted in small batches, slight variations may occur. These variations may include differences in color, wax texture, surface finish, frosting, minor cosmetic imperfections, label placement, vessel appearance, or packaging presentation. These natural variations do not affect the intended use or quality of the product.

Fragrance descriptions are provided to help describe the intended scent experience. Fragrance is personal, and scent perception may vary from person to person. We do not guarantee that every fragrance will smell the same to every customer or perform the same in every space.

All product descriptions, fragrance notes, sizes, pricing, ingredients, product availability, and product offerings 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 the quantities of any products we offer to any person, geographic region, or jurisdiction.

SECTION 3 - PRODUCT USE AND SAFETY
Customers are responsible for using all Cellar & Ash products safely and according to the instructions provided on product labels, product pages, packaging, inserts, and any care information included with the order.

Candles should never be left burning unattended. Keep candles away from children, pets, drafts, heat sources, and anything flammable. Always burn candles on a stable, heat-resistant surface. Do not burn candles for more than the recommended amount of time. Discontinue use when the recommended amount of wax remains at the bottom of the vessel.

Wax melts should only be used in approved wax warmers and should never be placed directly on a stovetop, open flame, or unapproved heating surface. Do not leave wax warmers unattended while in use.

Room and linen sprays should be used only as directed. Avoid spraying directly on skin, pets, painted surfaces, finished wood, open flames, or delicate fabrics without testing first in an inconspicuous area. Keep sprays away from children and pets.

Cellar & Ash is not responsible for damage, injury, loss, or adverse effects resulting from misuse, failure to follow safety instructions, improper storage, improper handling, product modification, or use of products outside their intended purpose.

SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. Cellar & Ash reserves the right to accept, decline, cancel, or limit your order for any reason at our discretion.

Your order is not accepted until Cellar & Ash confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. This includes confirming your shipping address, billing information, email address, product selections, fragrance choices, discount codes, and order quantities.

We may be unable to accommodate cancellation or change requests after an order has been accepted, processed, packed, assigned tracking, or shipped.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return, refund, or replacement only in accordance with our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 - PRICES, PROMOTIONS, AND BILLING
Prices, discounts, promotions, product availability, and offers are subject to change without notice.

The price charged for a product will be the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, duties, or import charges.

Promotions, discount codes, free shipping offers, gift-with-purchase offers, and special offers may be limited by date, product type, collection, order value, availability, or other conditions. Promotions cannot be applied retroactively to previous orders unless expressly stated.

Only one discount code may apply per order unless otherwise stated. We reserve the right to modify, suspend, cancel, or refuse any promotion at any time.

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

You represent and warrant that any payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, that charges incurred by you will be honored by your payment provider, and that you will pay all charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.

SECTION 6 - SHIPPING AND DELIVERY
Shipping timelines, processing times, carrier delays, warm weather shipping practices, incorrect addresses, returned packages, and marked delivered packages are addressed in our Shipping Policy.

All delivery dates and transit times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, holidays, incorrect addresses, customs processing, carrier disruptions, or events outside our control.

Once your order has been transferred to the shipping carrier, tracking updates and delivery timing are managed by the carrier.

If your package is marked delivered by the carrier, Cellar & Ash is not responsible for lost, stolen, misplaced, or unattended packages.

Because candles and wax products are sensitive to heat, please bring your package indoors as soon as possible after delivery. Cellar & Ash is not responsible for melting, softening, sweating, shifting, or heat-related damage once a package has been marked delivered.

SECTION 7 - RETURNS, REFUNDS, AND EXCHANGES
Returns, refunds, exchanges, damaged items, incorrect items, missing items, fragrance preferences, order cancellations, heat-related damage, and returned packages are addressed in our Return and Refund Policy.

Due to the handmade nature of our products, we do not accept returns or exchanges on used candles, wax melts, room sprays, linen sprays, or other home fragrance products.

For safety, quality, and hygiene reasons, we are unable to accept returns on products that have been burned, melted, sprayed, opened, used, altered, or damaged after delivery.

If your order arrives damaged, incorrect, or missing an item, you must contact us within 5 business days of delivery with your order number and clear photos of the product and packaging so we can review the issue.

SECTION 8 - INTELLECTUAL PROPERTY
All content on our website, including but not limited to product names, fragrance descriptions, scent stories, text, photographs, graphics, logos, branding, designs, videos, audio, displays, product reviews, website layout, and the selection and arrangement of content, is owned by Cellar & Ash, TheCandleNurse LLC, our affiliates, or licensors, and is protected by applicable intellectual property laws.

These Terms permit you to use the website and services for personal, non-commercial use only.

You may not reproduce, distribute, copy, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, or commercially exploit any material from our website without our prior written permission.

Cellar & Ash names, logos, product names, fragrance names, designs, scent descriptions, and slogans are trademarks, trade dress, or intellectual property of Cellar & Ash, TheCandleNurse LLC, or its affiliates or licensors. You may not use these without prior written permission.

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

SECTION 9 - OPTIONAL TOOLS
You may be provided with access to tools or features offered by third parties as part of the services. We do not monitor, control, or have input over these third-party tools.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, conditions, or endorsement of any kind.

Any use of optional third-party tools offered through the website is entirely at your own risk and discretion. You should review and understand the terms provided by the applicable third-party provider before using those tools.

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

SECTION 10 - THIRD-PARTY LINKS
Our website may contain materials, links, embedded features, or hyperlinks to websites, services, or content provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, availability, or security of third-party materials, websites, or services. If you access third-party links, you do so at your own risk.

We are not liable for any harm, loss, damage, or issues related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties.

Questions, complaints, claims, or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 11 - RELATIONSHIP WITH SHOPIFY
Cellar & Ash is powered by Shopify, which enables us to provide our online store and related services to you.

However, any sales and purchases you make through our store are made directly with Cellar & Ash. By using our website and services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Cellar & Ash, including any injury, damage, loss, claim, refund, return, product issue, or delivery issue resulting from purchased products or services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Cellar & Ash.

SECTION 12 - PRIVACY POLICY
All personal information we collect through our website and services is subject to our Privacy Policy, which can be viewed here: https://www.cellarandash.com/policies/privacy-policy.

Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed at: https://www.shopify.com/legal/privacy/app-users.

By using our website and services, you acknowledge that you have read and understand these privacy policies.

Because our website is hosted by Shopify, Shopify may collect and process personal information about your access to and use of the services in order to provide and improve the services. Information you submit through the website may be transmitted to and shared with Shopify and other third-party service providers that help us operate our store, process payments, fulfill orders, provide shipping, communicate with customers, and improve our services.

SECTION 13 - FEEDBACK, REVIEWS, AND SUBMISSIONS
If you submit, upload, post, email, tag, message, or otherwise transmit any ideas, suggestions, feedback, reviews, photographs, videos, testimonials, proposals, plans, or other content, you grant Cellar & Ash a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and share such content in any medium for any purpose, including commercial and promotional use.

This may include using customer reviews, product photos, tagged social media content, or feedback to operate, provide, evaluate, enhance, improve, and promote our products and services.

You represent and warrant that you own or have all necessary rights to any content you submit, that your content does not violate the rights of any third party, and that your content complies with these Terms.

We are under no obligation to maintain your feedback in confidence, pay compensation for your feedback, or respond to your feedback.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, obscene, misleading, spam, infringing, or otherwise objectionable.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our website or in the services that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, fragrance notes, pricing, promotions, offers, product availability, shipping charges, transit times, discount codes, or other details.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 15 - PROHIBITED USES
You may access and use our website and services for lawful purposes only.

You may not use the website or services, directly or indirectly:

• For any unlawful, fraudulent, abusive, or malicious purpose.
• To violate any international, federal, state, provincial, or local law or regulation.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any person.
• To submit false, misleading, or inaccurate information.
• To upload or transmit viruses, malware, malicious code, or harmful technology.
• To send spam, phishing messages, chain letters, junk mail, or other unsolicited communications.
• To impersonate or attempt to impersonate another person or entity.
• To collect, scrape, track, or misuse the personal information of others.
• To interfere with, bypass, or circumvent security features, access controls, robot exclusion headers, or other protective measures.
• To reproduce, duplicate, copy, sell, resell, scrape, or exploit any portion of the website or services without written permission.

We reserve the right to suspend, disable, or terminate your access to the services at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 16 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or cause the deployment of any software, bot, crawler, scraper, automated tool, artificial intelligence tool, or agent to access, use, or interact with our website or services.

No automated tool or agent may access, use, scrape, purchase from, or interact with our website or services in a way that violates these Terms, bypasses security measures, misrepresents its identity, interferes with website functionality, or places an unreasonable burden on our systems.

We may limit, block, restrict, or take technical measures against automated access, scraping, bot activity, suspicious traffic, or any agent that we determine may interfere with the security, availability, integrity, or lawful operation of our website or services.

SECTION 17 - TERMINATION
We may terminate this agreement or your access to the services, or any part of the services, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Reviews, and Submissions, 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 18 - DISCLAIMER OF WARRANTIES
The information presented on or through the website and services is made available for general informational and shopping purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

Except as expressly stated by Cellar & Ash, the website, services, and all products offered through the website are provided "as is" and "as available" without any representation, 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 website or services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.

SECTION 19 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Cellar & Ash, TheCandleNurse LLC, our partners, owners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and those of Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, property damage, personal injury, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the website, services, or any products purchased through the website.

This includes but is not limited to claims related to product misuse, failure to follow safety instructions, shipping delays, carrier issues, heat-related damage after delivery, fragrance preference, website errors, product availability, or any loss or damage related to your use of the website or products.

In jurisdictions where limitations of liability are restricted, our liability will be limited to the fullest extent permitted by law.

SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cellar & Ash, TheCandleNurse LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys' fees, arising out of:

• Your breach of these Terms of Service or any policy they incorporate by reference.
• Your violation of any law or the rights of a third party.
• Your access to or use of the website or services.
• Your misuse of any product purchased from us.
• Your submission of any feedback, review, photo, video, or other content.

We will notify you of any indemnifiable claim, 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 any claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld. You agree to cooperate in the defense of indemnified claims.

SECTION 21 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be considered severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 22 - WAIVER AND ENTIRE AGREEMENT
The failure of Cellar & Ash to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and Cellar & Ash and govern your use of the website and services.

These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

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

SECTION 23 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so without consent will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide services or products to you shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to conflict of law principles.

You and Cellar & Ash agree to the venue and personal jurisdiction of the federal and state courts located in Arizona for any dispute that is not otherwise subject to arbitration, small claims court, or another dispute resolution process required by applicable law.

SECTION 25 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

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

It is your responsibility to check our website periodically for changes. We will notify you of material changes when required by applicable law. Your continued use of or access to the website or services following the posting of any changes constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at [info@cellarandash.com](mailto:info@cellarandash.com).

Our contact information is listed below:

Cellar & Ash
Operated by TheCandleNurse LLC
Email: [info@cellarandash.com](mailto:info@cellarandash.com)
Business Location: Arizona, United States
Mailing Address: 4539 N 22ND ST, Phoenix, AZ 85016, United States
Business Phone Number: (480) 447-6213‬