Terms of service
TERMS OF SERVICE
1. Overview
This website is operated by FocusPoint Forensics (Pty) Ltd, trading as Ember & Hearth.
Throughout this website, the terms “Ember & Hearth”, “we”, “us” and “our” refer to FocusPoint Forensics (Pty) Ltd trading as Ember & Hearth.
By accessing this website, purchasing a product or using any part of the website, you agree to these Terms of Service together with our Privacy Policy, Shipping Policy and Return and Refund Policy.
These terms are governed by applicable South African law. Nothing in these Terms of Service is intended to exclude or restrict any rights that cannot lawfully be excluded under South African consumer law.
2. Our Products
Ember & Hearth develops and supplies practical fire-related products, including the EverLite Reusable Firelighter.
We take reasonable care to ensure that product descriptions, photographs, specifications and other information displayed on our website are accurate. Minor variations may occur between products, particularly where components are prepared or finished individually.
Images displayed on the website are intended to represent the product as accurately as reasonably possible, but differences in lighting, screen settings, manufacturing or finishing may result in minor variations.
3. EverLite and Fuel
Fuel is not included with EverLite.
EverLite is supplied as a reusable firelighter system. Customers are responsible for purchasing suitable fuel separately.
Lamp oil or paraffin is currently recommended for use with EverLite. Customers must follow the instructions supplied with the product and any safety information displayed on our website or packaging.
Never add fuel to a hot, burning or smouldering EverLite stone.
Fuel must be kept away from open flames, ignition sources and excessive heat.
Customers should not use EverLite with any fuel that Ember & Hearth has not identified as suitable for the product.
4. Safe Use
Fire, combustible materials and flammable liquids inherently involve risk.
EverLite must be used responsibly and in accordance with the supplied instructions.
Customers are responsible for:
- keeping children and animals away from fuel and open flames;
- ensuring adequate airflow around the fire;
- using EverLite only for its intended purpose;
- allowing the stone to cool completely before handling, refuelling or storing it;
- storing fuel safely and in accordance with the fuel manufacturer’s instructions; and
- exercising appropriate care whenever working with fire or flammable liquids.
Failure to follow the supplied instructions may result in injury, fire, property damage or damage to the product.
Nothing in this section limits any liability that cannot lawfully be excluded under applicable South African consumer law.
5. Product Performance
EverLite is designed to assist with starting fires using wood, charcoal or similar appropriate combustible material.
Actual performance may vary depending on factors including the type and condition of the fuel used, the amount absorbed by the stone, airflow, weather conditions, the type and condition of the wood or charcoal, and how the fire is constructed.
We therefore do not guarantee that every fire will ignite within a particular period or under every set of conditions.
This does not limit any statutory warranty or right relating to a defective product.
6. Orders
Placing an order through our website constitutes an offer to purchase the selected products.
We reserve the right, where reasonably necessary, to refuse or cancel an order before fulfilment where:
- payment has not been successfully completed;
- a product is unavailable;
- an obvious pricing or product information error has occurred;
- we reasonably suspect fraud or unauthorised payment activity;
- delivery to the supplied address is not reasonably possible; or
- fulfilling the order would contravene applicable law.
Where we cancel an order after payment has been received and the customer is entitled to a refund, the amount due will be refunded.
7. Pricing
Product prices are displayed in South African Rand (ZAR) unless stated otherwise.
Delivery charges are separate from the product price unless expressly stated and will be displayed during checkout where applicable.
Ember & Hearth is currently operated through a business that is not registered for VAT, and VAT is therefore not charged as a separate tax on purchases unless this status changes in future.
We may change prices from time to time. Price changes will not retrospectively alter an order that has already been accepted, except where required by law or where an obvious error has occurred and is dealt with lawfully.
8. Payment
Orders must be paid using one of the payment methods made available at checkout.
Customers confirm that they are authorised to use the payment method supplied.
Payment processing may be performed by independent payment service providers. Ember & Hearth does not control the banking or payment networks used by those providers.
9. Shipping and Delivery
Shipping is subject to our Shipping Policy.
Delivery dates or timeframes communicated by us or a courier are estimates unless expressly stated otherwise.
We will take reasonable steps to dispatch orders promptly, but third-party courier delays or circumstances genuinely outside our control may affect delivery.
Customers are responsible for providing accurate delivery and contact information when placing an order.
10. Returns, Refunds and Defective Products
Returns and refunds are governed by our Return and Refund Policy and applicable South African consumer law.
Ember & Hearth does not provide an unrestricted or open-ended return policy for non-defective products beyond rights available under applicable law.
Customers must contact us before returning an EverLite product, particularly if the stone has been exposed to lamp oil, paraffin or another fuel.
Products that are genuinely defective, unsafe, incorrectly supplied or otherwise protected by applicable consumer legislation will be handled in accordance with the customer's statutory rights.
The CPA protects consumers against unfair contractual terms and provides rights relating to safe, good-quality goods and appropriate remedies.
11. Incorrect Use or Damage
Subject to applicable law, Ember & Hearth is not responsible for damage to a product caused after delivery by:
- misuse;
- neglect;
- modification;
- improper storage;
- failure to follow supplied instructions;
- use of an unsuitable fuel;
- exposure to inappropriate conditions; or
- use of the product for a purpose for which it was not designed.
This does not affect a customer's rights where a genuine defect existed independently of such use.
12. Website Availability and Information
We aim to keep our website accurate and available, but we cannot guarantee uninterrupted or error-free access.
We may update, change or correct website content where reasonably necessary.
If an obvious error affects an order, we will contact the customer and deal with the matter fairly and in accordance with applicable law.
13. Intellectual Property
Unless otherwise stated, the Ember & Hearth name, EverLite name, logos, branding, photographs, videos, graphics, written content, product materials and other original content appearing on this website belong to Ember & Hearth or are used with permission.
They may not be reproduced, copied, distributed, commercially exploited or used to represent another business or product without prior written permission.
14. Prohibited Use
You may not use this website:
- for unlawful or fraudulent activity;
- to interfere with the security or operation of the website;
- to introduce malicious software or harmful code;
- to obtain unauthorised access to systems or information;
- to impersonate another person or organisation; or
- to infringe the intellectual property or other rights of Ember & Hearth or any third party.
15. Personal Information
Personal information provided through this website will be handled in accordance with our Privacy Policy and applicable South African data protection law.
Payment information may also be processed by third-party payment providers according to their respective privacy and security practices.
16. Third-Party Services
Our website may use or link to services supplied by third parties, including payment processors, couriers, social media platforms and technology providers.
Those third parties may operate under their own terms and privacy policies.
We are not responsible for the independent operation of third-party websites or services, except to the extent that applicable law provides otherwise.
17. Limitation of Liability
To the maximum extent permitted by applicable law, Ember & Hearth will not be liable for loss arising solely from misuse of the product, failure to follow safety instructions or use of the product for an unintended purpose.
However, nothing in these Terms of Service excludes or limits liability, warranties, remedies or consumer rights where such exclusion or limitation is prohibited by South African law.
In particular, these Terms do not attempt to exclude legal protections relating to defective, unsafe or hazardous goods.
18. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our products, website, business practices or legal requirements.
The version published on our website at the relevant time will apply, subject to applicable law.
Changes will not unfairly alter rights or obligations relating to transactions already concluded.
19. Governing Law
These Terms of Service and transactions concluded through our website are governed by the laws of the Republic of South Africa.
Nothing in this section prevents a consumer from exercising any right to approach an appropriate consumer protection body, regulator, ombud, tribunal or court where applicable.
20. Contact Information
Questions regarding these Terms of Service may be directed to:
Ember & Hearth
A trading brand of FocusPoint Forensics (Pty) Ltd
Email: info@emberandhearth.co.za
Telephone: +27 76 149 7725
Website: emberandhearth.co.za
Country: South Africa