SXFireplace - Terms of Service

OVERVIEW Welcome to SXFireplace! The terms "we", "us" and "our" refer to SXFireplace. SXFireplace 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"). SXFireplace 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

 

SECTION 1 - ACCESS, AGE REQUIREMENT, AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence. Given the hazardous nature of open-flame heating appliances and flammable liquid fuels sold on our store, you must be at least 18 years old (or the applicable legal age of majority in your jurisdiction) to purchase any products from SXFireplace. To use the Services or purchase products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials. You may not transfer, sell, or license your account to any other person.

SECTION 2 - PRODUCTS AND PRODUCT REPRESENTATION We have made every effort to provide an accurate representation of our products in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to your device settings. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to depictions in our online stores.

All descriptions of products 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 that we offer on a case-by-case basis.

SECTION 4 - SPECIAL FIREPLACE SAFETY WARNING & ASSUMPTION OF RISK BY PURCHASING A BIOETHANOL FIREPLACE, BURNER, OR RELATED ACCESSORIES FROM SXFIREPLACE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

• Open Flame and Flammable Fuel Hazard: Bioethanol fireplaces utilize real open flames and highly flammable bioethanol fuel. Improper use can lead to severe property damage, serious bodily injury, or death.

• Strict Adherence to Instructions: You agree to read, understand, and strictly follow all product manuals, installation guides, and safety instructions provided with the product before assembly, installation, fueling, or operation.

• User Responsibility: You are solely responsible for ensuring the product is installed in a well-ventilated area, away from combustible materials, and out of reach of children and pets.

• Assumption of Risk: You voluntarily assume all risks, known and unknown, associated with the installation, operation, refueling, and general maintenance of the fireplace.

SECTION 4 - ORDERS AND ACCURACY OF BILLING When you place an order, you are making an offer to purchase. SXFireplace reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until SXFireplace confirms acceptance and processes your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. You agree to provide current, complete and accurate purchase and account information for all purchases.

 

SECTION 5 - PRICES AND SHIPPING Prices, discounts and promotions are subject to change without notice. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.

 

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio under the name "SXFireplace" or related to our products, are owned by SXFireplace, its affiliates or licensors. You must not reproduce, distribute, modify, or create derivative works of any material on the Services without our prior written consent.

 

SECTION 7 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY SXFIREPLACE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 8 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SXFIREPLACE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, WITHOUT LIMITATION, PROPERTY DAMAGE, BODILY INJURY, BURNS, FIRE-RELATED DAMAGES, OR ANY OTHER SIMILAR DAMAGES ARISING FROM YOUR USE, INSTALLATION, REFUELING, OR MISUSE OF ANY SXFIREPLACE PRODUCTS, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 9 - INDEMNIFICATION You agree to indemnify, defend and hold harmless SXFireplace, Shopify, and our affiliates, partners, officers, directors, employees, and agents from any losses, damages, liabilities or claims, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service, (2) your improper installation, operation, or modification of our fireplace products, or (3) your violation of any law or the rights of a third party.

SECTION 10 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services or products shall be governed by and construed in accordance with the laws of Jiangsu Province, China, without regard to conflict of law principles. You and SXFireplace consent to the exclusive venue and jurisdiction of the courts located therein.

SECTION 11 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at liangzifeng3217@outlook.com.

Our contact information is posted below:

• Trading Name: SXFireplace

• Support Email: liangzifeng3217@outlook.com

• Business Address: No. 180, Private Industrial Zone, East End of Central Street, Suzhong Trade City, Baoying County, Yangzhou City, Jiangsu Province, China

• Business Phone Number: +86 18912147853

• Business Registration Number: 91321023685315696U