TERMS OF SERVICES

OVERVIEW

This website is operated by Colsen Fire Pits™. Throughout the site, the terms “we”, “us” and “our” refer to Colsen Fire Pits™. Colsen Fire Pits™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Anyone interacting with our website are collectively referred to herein as “Users,” and the services provided by Colsen’s website to said Users shall be referred to herein as “Services." Access to and use of this website (the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service").

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Access to our is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.

We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website due to scheduled outages, and (y) unavailability caused by force majeure.

YOU FURTHER AGREE THAT YOUR USE OF A KEYPAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO US OR ACCESSING OUR WEBSITE CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND US.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

You hereby represent and warrant to us that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) you are an authorized signatory of the credit or debit card or other method of payment that you provide to us or it thirdparty payment processor to pay the purchase price and any applicable fees or taxes related to your Orders; (c) you will comply with the terms and conditions of these Terms of Service and any other agreement to which you are subject that is related to your use of the Web Site or any part thereof or any Order(s) that you place via the Web Site; (d) you have provided and will maintain truthful, accurate and complete information to us, including, without limitation, your legal name, address, email address, and any other registration information we may reasonably require; (e) your access to and use of the Web Site or any part thereof and/or purchase and use of any Content, products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (f) you will immediately notify us in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (g) you will promptly report to us any violation of these Terms of Service by any other user; (h) you will not use the Web Site in order to gain competitive intelligence about us, the Web Site or any product or service offered via the Web Site or to otherwise compete with us or its affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

WARNING:

Users must always exercise extreme caution and make sure products are kept well out of reach of pets and children and away from flammable objects.

Before each use, inspect the fire pit for signs of wear or damage. Do not use the fire pit if damaged.

Always use Colsen’s Fire Pit Fuel or specialized fuels for fireplaces with flame arrestor. Flame arrestors are highly effective in preventing flame jetting. Never use alcohol bottles without a flame arrestor, gasoline, kerosene, oils or other flammable substances with your Colsen Fire Pit.

This fire pit is not to be operated by anyone below the age of 18. Keep children and pets away from the fire pit. Never leave children unattended in the area where the fire pit is being used. Close supervision of children is necessary when any appliance is used near children. Never leave the fire pit unattended when in use.

All parts of the fire pit will be hot during and after burning. Use with caution. Do not touch the hot fire pit or accessories with bare hands. Allow the unit to completely cool before touching.

Do not attempt to refill the fire pit until the flame has had time to dissipate, while there is flame, or while the product is still hot or warm. Fire or explosion can occur.

When using the fire pit, do not touch the rock, fire screen, or immediate surroundings, as these areas become extremely hot and could cause burns.

Do not reach over your fire pit when hot or in use.

Never leave a burning fire pit unattended, and always extinguish the fire completely before leaving the unit.

Do not use near flammable or combustible objects or materials.

When using the fire pit, use the same care as you would with any open fire. Property damage, serious injury could result if these warnings are not followed.

WARNING for California residents: this product may contain chemical(s) known to the state of California to cause birth defects, cancer, or other reproductive harm.

Before using our products be sure to check any local laws and regulations that pertain to fire safety ordinance codes. Because these laws vary by state, city, town, or municipality, we can only caution potential buyers of the risks associated with:

• operation of a fireplace

• installation, operation, and use of fire pits, ignition kits, inside fireplaces, ready to use fire pits, and accessories.

• use of cleaning and maintenance of our products.

• use of fireplace associated accessories (safety screens, mesh curtains, gas log sets, lighters, and fire pit fuel) Colsen Fire Pit cannot be held liable for any misuse or improper installation of the above mentioned.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

By placing an order with us, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Shipping times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available, and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party, which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

While we try and ensure that all details, description and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

The Company’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in our privacy policy or as otherwise required by applicable law, we are not responsible for any delays, analysis failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may subject you to third party fees (such as Internet service provider or mobile data fees, or airtime charges). You are responsible for applicable fees, including those fees associated with the display or analysis of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access our website in any medium or via any service.

You are responsible for reading the full description of the products you wish to buy before making a purchase.

When you make a purchase, you will be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, to pay for any fees related to the purchase or booking. We may seek pre-authorization of your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase, order, fee or subscription. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.

If at any point we collect credit card billing information from you, said data will be transferred using techniques considered commonplace and “industry standard” by our processing partner(s) and any data that we use, store, process or retain will be handled pursuant to our Privacy Policy and that of your credit card issuer. Credit card information will be treated as ephemeral data by us and will solely be processed and, if applicable, stored by our partner(s) in use at the time of the transaction. Credit card information will be stored at time of a transaction or at any given time if a user makes the decision to associate a payment method with their account.

Your card issuer agreement governs Your use of Your credit or debit card, and You must refer to that agreement and not this Terms of Use to determine Your rights and liabilities as a cardholder. YOU, AND NOT US, ARE RESPONSIBLE FOR ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR DEDUCTED VIA YOUR DEBIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, you agree to pay all amounts due upon request or demand by us or our agents.

We shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services that are listed at an incorrect price, or incorporate an incorrect coupon, rebate or refund, or containing any other incorrect information or typographical errors or made for purposes of or in connection with fraud. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we agree to promptly issue a credit to your credit card account in the amount of the charge.